Post on 20-Jun-2020
FINAL 1073492.1
AGREEMENT
BETWEEN THE
CITY OF CHICAGO
AND THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS, UNIT 156-LIEUTENANTS
EFFECTIVE JULY 1, 2012 THROUGH JUNE 30, 2016
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ARTICLE I PREAMBLE.............................................................................................................................1
ARTICLE 2 RECOGNITION AND UNIT WORK.....................................................................................1
ARTICLE 3 UNION SECURITY.................................................................................................................1
Section 3.1 Maintenance of Membership and Agency Shop .......................................1 Section 3.2 Dues Deduction .........................................................................................2 Section 3.3 Indemnity...................................................................................................3 Section 3.4 Bona Fide Religious Belief .........................................................................3 Section 3.5 Unit 156-Lieutenants Presentation at Orientation .....................................3
ARTICLE 4 MANAGEMENT RIGHTS......................................................................................................3 ARTICLE 4A ACCOUNTABILITY OF LIEUTENANTS ............................................................................4
ARTICLE 5 NO STRIKE .............................................................................................................................5
Section 5.1 No Strike Commitment..............................................................................5 Section 5.2 Resumption of Operations .........................................................................5 Section 5.3 Union Liability ..........................................................................................5 Section 5.4 Discipline of Strikers .................................................................................5
ARTICLE 6 BILL OF RIGHTS....................................................................................................................6
Section 6.1 Conduct of Disciplinary Investigation.......................................................6 Section 6.2 Witness Statements in Disciplinary Investigations ...................................8 Section 6.3 Non-Adoption of Ordinance......................................................................9 Section 6.4 Photo Dissemination..................................................................................9 Section 6.5 Compulsion of Testimony .........................................................................9 Section 6.6 Polygraph...................................................................................................9 Section 6.7 Disclosure ................................................................................................10 Section 6.8 Media Information Restrictions...............................................................10 Section 6.9 Videotaping of Witness Testimony.........................................................10 Section 6.10 Affidavits ...............................................................................................10
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ARTICLE 7 SUMMARY PUNISHMENT ............................................................................................. ..11
ARTICLE 8 EMPLOYEE SECURITY...................................................................................................... 12
Section 8.1 Just Cause Standard................................................................................. 12 Section 8.2 File Inspection ......................................................................................... 12 Section 8.3 Limitation on Use of File Material ......................................................... 12 Section 8.4 Use and Destruction of File Material ...................................................... 12 Section 8.5 Notification.............................................................................................. 13
ARTICLE 9 GRIEVANCE PROCEDURE ............................................................................................... 13
Section 9.1 Definition and Scope............................................................................... 13 Section 9.2 Procedures, Steps and Time Limits......................................................... 13 Section 9.3 Arbitration of Standard Grievances......................................................... 15 Section 9.4 Authority of Arbitrator ............................................................................ 15 Section 9.5 Expenses of Arbitrator ............................................................................ 16 Section 9.6 Processing and Time Limits.................................................................... 16
ARTICLE 9A MEDICAL GRIEVANCES ................................................................................................... 17
Section 9A.1 Psychological Review .......................................................................... 17 Section 9A.2 Medical Grievances .............................................................................. 18
ARTICLE 10 NON-DISCRIMINATION..................................................................................................... 19
Section 10.1 Equal Employment Opportunity ........................................................... 19 Section 10.2 Non-Discrimination............................................................................... 19 Section 10.3 Religious Holiday Accommodation ...................................................... 20 Section 10.4 Americans with Disabilities Act ........................................................... 20
ARTICLE 11 HOLIDAYS ........................................................................................................................... 20
Section 11.1 Designated Holiday............................................................................... 20 Section 11.2 Compensation for Holidays................................................................... 21 Section 11.3 Personal Day ......................................................................................... 21 Section 11.4 Special Compensation Time.................................................................. 22 Section 11.5 Holiday Declaration .............................................................................. 22
ARTICLE 12 HEALTH INSURANCE AND RELATED BENEFITS ....................................................... 22
Section 12.1 Medical, Dental and Flexible Spending Account Plans........................ 22 Section 12.2 Chicago Labor-Management Trust ....................................................... 23
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Page Section 12.3 Health Care Reopener................................................................................. 24
Section 12.4 Ambulance Fees.......................................................................................... 24
ARTICLE 13 LAYOFFS AND RE-EMPLOYMENT ....................................................................................... 24
Section 13.1 Priority of Layoffs ...................................................................................... 24
Section 13.2 Notice of Layoffs........................................................................................ 24 Section 13.3 Recall .......................................................................................................... 25
ARTICLE 14 BULLETIN BOARDS................................................................................................................. 25
ARTICLE 15
SAFETY ISSUES ........................................................................................................................ 25 Section 15.1 Cooperation ................................................................................................ 25 Section 15.2 Safety Committee ....................................................................................... 25 Section 15.3 Disabling Defects ....................................................................................... 26
Section 15.4 Notices ........................................................................................................ 26
ARTICLE 16
SECONDARY EMPLOYMENT................................................................................................. 26
ARTICLE 17 UNIT 156 LIEUTENANTS REPRESENTATIVES ................................................................... 27
Section 17.1 Meeting Participation and Scheduling........................................................ 27 Section 17.2 Unit 156-Lieutenants Representatives........................................................ 27 Section 17.3 Attendance at Unit 156-Lieutenants Meetings ........................................... 27
Section 17.4 Grievance Processing.................................................................................. 27 Section 17.5 Attendance at State and National Conferences........................................... 28
Section 17.6 Unit 156-Lieutenants Negotiating Team .................................................... 28
Section 17.7 Unit 156-Lieutenants Activity .................................................................... 28
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ARTICLE 18 DISABILITY INCOME.........................................................................................................28
Section 18.1 IOD .........................................................................................................28 Section 18.2 Non-IOD .................................................................................................29 Section 18.3 Certification ............................................................................................29 Section 18.4 Return to Duty ........................................................................................29 Section 18.5 Advisory Committee...............................................................................30 Section 18.6 Injuries on Duty and Recurrence Claims................................................30 Section 18.7 Employer Responsibility for Hospital, Medical and Prescription
Costs and Pension Contributions 30 Section 18.8 Medical Benefit Statement .....................................................................30
ARTICLE 19 BEREAVEMENT LEAVE ....................................................................................................30
Section 19.1 Death in Family ......................................................................................30 Section 19.2 Definition of Family ...............................................................................31 Section 19.3 Extended Bereavement Leave ................................................................31
ARTICLE 20 HOURS AND OVERTIME ...................................................................................................31
Section 20.1 Work Day, Work Week and Work Period..............................................31 Section 20.2 Compensation for Overtime ...................................................................31 Section 20.3 Sixth and Seventh Day Work .................................................................32 Section 20.4 Call Back/Reporting on Regular Day Off ..............................................32 Section 20.5 Court Time..............................................................................................32 Section 20.6 Stand-By .................................................................................................33 Section 20.7 Day Off Changes ....................................................................................33 Section 20.8 Accumulation of Compensatory Time....................................................34 Section 20.9 Scheduled Back-to-Back Shifts ..............................................................34 Section 20.10 Rank Credit ...........................................................................................35 Section 20.11 Duty Availability Allowance................................................................35 Section 20.12 Change of Schedule ..............................................................................35 Section 20.13 Out of Area Detail ................................................................................36
ARTICLE 21 UNIFORMS ...........................................................................................................................36
Section 21.1 Uniforms and Equipment Advisory Committee .....................................36 Section 21.2 Major Changes........................................................................................37 Section 21.3 Uniform Allowance ................................................................................37 Section 21.4 Uniform Change or Modification ...........................................................37
ARTICLE 22 INDEMNIFICATION ............................................................................................................37
Section 22.1 Employer Responsibility ........................................................................37 i v
ARTICLE 26 WAGES................................................................................................................................. 44
Section 26.1 Salary Schedule......................................................................................44 Section 26.2 Quarterly Differential.............................................................................44 Section 26.3 Work Out of Grade ................................................................................44 Section 26.4 Payment of Wages .................................................................................45 Section 26.5 Payment of Time....................................................................................45 Section 26.6 Compensatory Time Exchange ..............................................................45
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Section 22.2 Legal Representation............................................................................. 37 Section 22.3 Cooperation........................................................................................... 37 Section 22.4 Applicability.......................................................................................... 38 Section 22.5 Expedited Arbitration............................................................................ 38
ARTICLE 23 SENIORITY........................................................................................................................... 38
Section 23.1 Definition and Application.................................................................... 38 Section 23.2 Furlough Scheduling ............................................................................. 39 Section 23.3 Seniority List......................................................................................... 40 Section 23.4 Personal Day Selection ......................................................................... 40 Section 23.5 Use of Elective Time............................................................................. 40 Section 23.6 Canceled Days Off ................................................................................ 41 Section 23.7 Holiday Assignment.............................................................................. 41
ARTICLE 24 EDUCATIONAL REIMBURSEMENT................................................................................ 42
ARTICLE 24A EDUCATIONAL LEAVES................................................................................................... 43
ARTICLE 25 LIFE INSURANCE ............................................................................................................... 43
ARTICLE 25A PHYSICAL FITNESS PROGRAM....................................................................................... 44
ARTICLE 27 RESIDENCY...........................................................................................................................45
ARTICLE 28 DURATION, ENFORCEMENT AND DISPUTE RESOLUTION........................................46
Section 28.1 Term of Agreement.................................................................................46 Section 28.2 Continuing Effect....................................................................................46 Section 28.3 Impasse Resolution, Ratification and Enactment ...................................46
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ARTICLE 29 BABY FURLOUGH DAYS..........................................................................................................49
Section 29.1 Number of Baby Furlough Days .................................................................49 Section 29.2 Carryover of Baby Furlough Days ..............................................................49
Section 29.3 Compensation for Unused Baby Furlough Days.........................................49
ARTICLE 29A
FURLOUGHS................................................................................................................................49 Section 29A.1 Annual Furlough.......................................................................................49
Section 29A.2 Furlough Days ..........................................................................................50
Section 29A.3 Furlough Selection....................................................................................50 Section 29A.4 Furlough Extension ..................................................................................50
Section 29A.5 Unused Furlough ......................................................................................50
ARTICLE 30 LEAVES ........................................................................................................................................50
Section 30.1 Personal Leave ............................................................................................50 Section 30.2 Military Leave .............................................................................................50
Section 30.3 Family and Medical Leave Act ...................................................................51
ARTICLE 31
UNIT BENEFITS ..........................................................................................................................51 Section 31.1 Information Exchange .................................................................................51 Section 31.2 Registration of Firearms..............................................................................52
Section 31.3 Lockers ........................................................................................................52 Section 31.4 Maintenance of Benefits..............................................................................52
Section 31.5 Unit Benefits................................................................................................53
ARTICLE 32
LIEUTENANT RANK ..................................................................................................................55
ARTICLE 33 COMPLETE AGREEMENT.........................................................................................................59
ARTICLE 34
SAVINGS CLAUSE......................................................................................................................59
APPENDIX A LIEUTENANTS ............................................................................................................................61
APPENDIX B NOTICE TO SUPERVISORS REGARDING PROGRESSIVE DISCIPLINE............................62
APPENDIX C EXPEDITED ARBITRATION RULES........................................................................................63
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APPENDIX D DENTAL PLAN........................................................................................................................... 65
APPENDIX E
NETWORK CHANGES .............................................................................................................. 66
APPENDIX F
IN-NETWORKJOUT-OF-NETWORK CARE ........................................................................... 67
APPENDIX G HEALTH CARE CONTRIBUTIONS FOR ACTIVE LIEUTENANTS..................................... 68
APPENDIX H PRESCRIPTION DRUGS............................................................................................................ 69
APPENDIX I CHEMICAL DEPENDENCY AND MENTAL HEALTH CO-INSURANCE
AND LIMITS ............................................................................................................................... 70
APPENDIX J HIGH RISK PREGNANCY SCREENING PROGRAM ............................................................ 72
APPENDIX K PROCEDURES FOR INJURY ON DUTY AND RECURRENCE CLAIMS ............................ 73
APPENDIX L SUBROGATION LANGUAGE FOR CITY OF CHICAGO...................................................... 74
APPENDIX M QUARTERLY DIFFERENTIAL FOR LIEUTENANTS (E-4) .................................................. 76
APPENDIX N SALARY SCHEDULE FOR LIEUTENANTS (E-4).................................................................. 77
APPENDIX O CHICAGO POLICE DEPARTMENT PHYSICAL FITNESS PROGRAM ............................... 78
MEMORANDUM OF UNDERSTANDING REGARDING DRUG
AND ALCOHOL TESTING........................................................................................................ 79
MEMORANDUM OF UNDERSTANDING REGARDING RETIREE HEALTH CARE BENEFITS....................................................................................................... 83
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ARTICLE 1
PREAMBLE
This Agreement is entered into by and between the City of Chicago, an Illinois municipal
corporation, (hereinafter referred to as the "Employer") and the Policemen's Benevolent &
Protective Association of Illinois, Unit 156-Lieutenants (hereinafter referred to as "Unit 156-
Lieutenants").
It is the purpose of this Agreement and it is the intent of the parties hereto to establish and
promote mutual harmonious understanding and relationships between the Employer and Unit 156-
Lieutenants, to promote efficiency and effectiveness in the Department of Police (hereinafter referred
to as the "Department"), to establish wages, hours, standards and other terms and conditions of
employment for Lieutenants covered by this Agreement and to provide for the equitable and peaceful
adjustment and resolution of differences which may arise from time to time over the negotiations,
interpretation and application of this Agreement.
In consideration of the mutual promises, covenants and agreements contained herein, the
parties hereto, by their duly authorized representative and/or agents, do mutually covenant and
agree, as follows:
ARTICLE 2
RECOGNITION AND UNIT WORK
Pursuant to the certification of the Illinois Local Labor Relations Board dated December
13, 1996, the Employer recognizes Unit 156-Lieutenants as the sole and exclusive collective
bargaining representative for all sworn police officers in the rank of Lieutenant (hereinafter
referred to as "Lieutenant"), excluding confidential, managerial or non-public employees within
the meaning of Section 3(n) of the Illinois Public Labor Relations Act as set out in Appendix A.
ARTICLE 3
UNION SECURITY
Section 3.1 Maintenance of Membership and Agency Shop
A. Each Lieutenant who on the effective date of this Agreement is a member of Unit
156-Lieutenants and each Lieutenant who becomes a member after that date, shall, as a condition
of employment, maintain membership in good standing in Unit 156-Lieutenants during the term
of this Agreement.
B. Any present Lieutenant who is not a member of Unit 156-Lieutenants shall, as a
condition of employment, be required to pay a fair share (not to exceed the amount of Unit 156-
Lieutenants dues) of the cost of the collective bargaining process and contract administration. All
Lieutenants who are promoted into Unit 156-Lieutenants on or after the effective date of this
Agreement and who have not made application for membership shall, on or after the thirtieth day
following their promotion, also be required to pay a fair share of the cost of the collective
bargaining process and contract administration.
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Section 3.2 Dues Deduction
A. With respect to any Lieutenant (i) who is covered by this Agreement or who was
covered by this Agreement and is on a leave of absence from the Lieutenant rank to serve in an
exempt position within the Department and (ii) on whose behalf the Employer receives written
authorization in a form agreed upon by Unit 156-Lieutenants and the Employer, the Employer shall
deduct from the wages of the Lieutenant or exempt member the dues and/or financial obligations
uniformly required and shall forward the full amount to Unit 156-Lieutenants by the tenth day of the
month following the month in which the deductions are made. The amounts deducted shall be in
accordance with a schedule to be submitted to the Employer by Unit 156-Lieutenants. Authorization
for such deductions shall be irrevocable, unless revoked by written notice to the Employer and Unit
156-Lieutenants during the fifteen- (15-) day period prior to the expiration of this Agreement. The
Employer will not similarly deduct the dues of any other organization as to Lieutenants covered by
this Agreement.
B. With respect to any Lieutenant on whose behalf the Employer has not received a
written authorization as provided for in subsection (A), the Employer shall deduct from the wages
of the Lieutenant the fair share financial obligation (including any retroactive amount due and
owing) and shall forward said amount to Unit 156-Lieutenants by the tenth day of the month
following the month in which the deduction is made, subject only to the following:
1. Unit 156-Lieutenants has certified to the Employer that the affected Lieutenant has been delinquent in his/her obligation for at least sixty (60) days;
2. Unit 156-Lieutenants has certified to the Employer that the affected Lieutenant has been notified in writing of the obligation and the requirement of each provision of this Article; and
3. Unit 156-Lieutenants has certified to the Employer that the affected Lieutenant
has been given a reasonable opportunity to prepare and submit any objections to
the payment and has been afforded an opportunity to appear before Unit 156-
Lieutenants or its designee for the purpose of being heard on said objections.
C. The provisions of this Section that apply to Lieutenants who are on leaves of absence
from the Lieutenant rank to serve in exempt positions within the Department are not subject to
the grievance and arbitration procedure set forth in this Agreement.
Section 3.3 Indemnity
Unit 156-Lieutenants shall indemnify and save the Employer harmless against any and all claims, demands, suits or other forms of liability that shall arise out of or by reason of action taken by the Employer for the purpose of complying with this Article or in reliance on any list, notices, certifications or assignments furnished under any of its provisions.
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Section 3.4 Bona Fide Religious Belief
This Article shall not be enforced in a manner inconsistent with Section 6(g) of the Illinois
Public Labor Relations Act based upon the bona fide religious tenets or teachings of a church or
religious body of which such Lieutenants are members, provided, however, that such Lieutenants
may be required to pay an amount equal to a lawful fair share to a non-religious charitable
organization mutually agreed upon by the affected Lieutenants and Unit 156-Lieutenants.
Section 3.5 Unit 156-Lieutenants Presentation at Orientation
The Employer shall grant Unit 156-Lieutenants an opportunity during the orientation of
newly promoted Lieutenants to present the benefits of membership in Unit 156-Lieutenants.
ARTICLE 4
MANAGEMENT RIGHTS
The Employer has and will continue to retain the right to operate and manage its affairs
in each and every respect. The rights reserved to the sole discretion of the Employer shall
include, but not be limited to, the following:
A. To determine the organization and operations of the Department;
B. To determine and change the purpose, composition and function of each of its
constituent departments and subdivisions;
C. To set standards for the services to be offered to the public;
D. To direct the Lieutenants of the Department, including the right to assign work and overtime;
E. To hire, examine, classify, select, promote, restore to career service positions, train, transfer, assign and schedule Lieutenants;
F. To increase, reduce, change, modify or alter the composition and size of the work
force, including the right to relieve Lieutenants from duties because of a lack of work or funds
or for other proper reasons;
G. To contract out work when essential in the exercise of police power;
H. To establish work schedules and determine the starting and quitting times and the number of hours to be worked;
I. To establish, modify, combine or abolish job positions and classifications;
J. To add, delete or alter methods of operation, equipment or facilities;
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K. To determine the locations, methods, means and personnel by which the
operations are to be conducted, including the right to determine whether goods or services are to be made, provided or purchased;
L. To establish, implement and maintain an effective internal control program;
M. To suspend, demote, discharge or take other disciplinary action against
Lieutenants for just cause; and
N. To add, delete or alter policies, procedures, rules and regulations.
Inherent managerial functions, prerogatives and policy making rights, whether listed
above or not, which the Employer has not expressly restricted by a specific provision of this
Agreement, are not in any way, directly or indirectly, subject to the grievance and arbitration
procedure contained herein, provided that no right is exercised contrary to, or inconsistent with,
other terms of this Agreement.
ARTICLE 4A
ACCOUNTABILITY OF LIEUTENANTS
Police Lieutenants, as with all police officers, are agents of the Employer and the
Department who shall serve, represent and execute such professional policies, procedures and
directives as are deemed necessary and proper to carry out the mission of the Department as such
policies, procedures and directives may be established. Within the scope of these professional
policies, procedures and directives, Lieutenants are to prepare, oversee and monitor the
performance of Department officers and employees and to evaluate the performance of
subordinates in order to make such recommendations to the Superintendent of Police (hereinafter
referred to as the "Superintendent") which will allow the Superintendent to exercise complete and
independent discretion relating to such matters.
ARTICLE 5
NO STRIKE
Section 5.1 No Strike Commitment
Neither Unit 156-Lieutenants nor any Lieutenant will call, institute, authorize, participate in,
sanction, encourage or ratify any strike, work stoppage or other concerted refusal to perform duties
by any Lieutenant or Lieutenant group, or the concerted interference with, in whole or in part, the
full, faithful and proper performance of the duties of employment with the Employer. Neither Unit
156-Lieutenants nor any Lieutenant shall refuse to cross any picket line by whoever established.
Section 5.2 Resumption of Operations
In the event of an action prohibited by Section 5.1, Unit 156-Lieutenants immediately shall disavow such action and request the Lieutenants to return to work and shall use its best efforts to achieve a prompt resumption of normal operations. Unit 156-Lieutenants, including its officials and
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agents, shall not be liable for any damages, direct or indirect, upon complying with the
requirements of this Section.
Section 5.3 Union Liability
Upon the failure of Unit 156-Lieutenants to comply with the provisions of Section 5.2,
any agent or official of Unit 156-Lieutenants who is a Lieutenant covered by this Agreement
may be subject to the provisions of Section 5.4.
Section 5.4 Discipline of Strikers
Any Lieutenant who violates the provisions of Section 5.1 shall be subject to immediate
discharge. Any action taken by the Employer against any Lieutenant who participates in an action
prohibited by Section 5.1 shall not be considered a violation of this Agreement and shall not be
subject to the provisions of the grievance procedure, except that the issue of whether a Lieutenant in
fact participated in a prohibited action shall be subject to the grievance and arbitration procedure.
ARTICLE 6
BILL OF RIGHTS
Section 6.1 Conduct of Disciplinary Investigation
Whenever a Lieutenant covered by this Agreement is the subject of a disciplinary
investigation other than summary punishment, the interrogation will be conducted in the
following manner:
A. The interrogation of the Lieutenant, other than in the initial stage of the investigation,
shall be scheduled at a reasonable time, preferably while the Lieutenant is on duty, or, if feasible,
during daylight hours.
B. The interrogation, depending upon the allegation, will normally take place at the
Lieutenant's Unit of assignment, the Independent Police Review Authority, the Internal Affairs
Division or other appropriate location.
C. Prior to an interrogation, the Lieutenant under investigation shall be informed of the
identities of the person in charge of the investigation, the interrogation officer(s) and all persons
present during the interrogation. When a formal statement is being taken, all questions directed to
the Lieutenant under interrogation shall be asked by and through one interrogator at a time, provided
that if a second interrogator participates in the interrogation, he or she shall be present for the entire
interrogation.
D. Unless the Superintendent specifically authorizes in writing, no complaint or
allegation of any misconduct concerning any incident or event which occurred five (5) years prior to
the date the complaint or allegation became known to the Department shall he made the subject of a
Complaint Register investigation or be re-opened or re-investigated after five (5) years from the date the Complaint Register number was issued.
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E. No anonymous complaint made against a Lieutenant shall be made the subject of a
Complaint Register investigation, unless the allegation is a violation of the Illinois Criminal Code,
the criminal code of another state of the United States or a criminal violation of a federal statute.
F. No anonymous complaint regarding residency or medical roll abuse shall be made
the subject of a Complaint Register investigation until verified. No ramifications will result
regarding issues other than residency or medical roll abuse from information discovered during an
investigation of an anonymous complaint regarding residency or medical roll abuse, unless of a
criminal nature as defined in the preceding paragraph.
G. Immediately prior to the interrogation of a Lieutenant under investigation, the
Lieutenant shall be informed, in writing, of the nature of the complaint, the names of all
complainants and the specific date, time and, if relevant, location of the incident.
H. The length of interrogation sessions will be reasonable with reasonable interruptions
permitted for personal necessities, meals, telephone calls and rest.
1. A Lieutenant under interrogation shall not be threatened with transfer, dismissal or
disciplinary action or promised a reward as an inducement to provide information relating to the
incident under investigation or for exercising any rights contained herein.
J. A Lieutenant under investigation will be provided with a copy of any and all
statements the Lieutenant has made that are recorded either audio electronically or in writing within
seventy-two (72) hours of the time the statement was made.
K. If the allegation under investigation indicates a recommendation for separation is
probable against the Lieutenant, the Lieutenant will be given the statutory administrative
proceedings rights, or, if the allegation indicates criminal prosecution is probable against the
Lieutenant, the Lieutenant will be given the constitutional rights concerning self-incrimination prior
to the commencement of the interrogation.
L. A Lieutenant under interrogation shall have the right to be represented by counsel of
his/her own choice and to have that counsel present at all times during the interrogation, and/or, at
the request of the Lieutenant under interrogation, the Lieutenant shall have the right to be
represented by a representative of Unit 156-Lieutenants and to have that representative present at all
times during the interrogation. The Unit 156-Lieutenants representative shall be a Lieutenant
covered by Article 17 or an off-duty Lieutenant designated by Unit 156-Lieutenants. The
interrogation shall be suspended for a reasonable time until representation can be obtained.
M. Prior to the imposition of discipline, the Lieutenant will be informed of the rule
violated and the corresponding specifications of misconduct, including the date, time, location and
manner in which the rule was violated.
N. The provisions of this Agreement shall be deemed to authorize the Independent Police
Review Authority and the Internal Affairs Division to require Lieutenants under interrogation to
provide audio-recorded statements, provided that the provisions in Section 6.1 are satisfied.
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Section 6.2 Witness Statements in Disciplinary Investigations
When a Lieutenant covered by this Agreement is required to give a statement in the presence
of an observer, as a witness in a disciplinary investigation other than summary punishment, or as a
witness in a police-related shooting investigation, at the request of the Lieutenant the interview shall
be conducted in the following manner:
A. The interview of the Lieutenant shall be scheduled at a reasonable time, preferably
while the Lieutenant is on duty, or, if feasible, during daylight hours.
B. The interview, depending on the nature of the investigation, will normally take place
at the Lieutenant's Unit of assignment, the Independent Police Review Authority, the Internal Affairs
Division or other appropriate location.
C. Prior to an interview, the Lieutenant being interviewed shall be informed of the
identities of the person in charge of the investigation, the interviewing officer(s) and all persons
present during the interview and the nature of the complaint, including the date, time, location and
relevant Records Division ("R.D.") number, if known. When a formal statement is being taken, all
questions directed to the Lieutenant being interviewed shall be asked by and through one interviewer
at a time, provided that if a second interviewer participates in the interview, he or she shall be
present for the entire interview.
D. The Lieutenant will be provided with a copy of any and all statements he/she has
made that are recorded either audio electronically or in writing within seventy-two (72) hours of the
time the statement was made.
E. A Lieutenant being interviewed pursuant to this Section shall, upon his/her request,
have the right to be represented by counsel of his/her own choice and to have that counsel present at
all times during the interview, or, at the request of the Lieutenant being interviewed, the Lieutenant
shall have the right to be represented by a representative of Unit 156-Lieutenants and to have that
representative present at all times during the interview. The Unit 156-Lieutenants representative shall
be a Lieutenant covered by Article 17 or an off-duty Lieutenant designated by Unit 156-Lieutenants.
For purposes of this subsection, "represented" shall mean that the Lieutenant's counsel and/or
representative shall only advise the Lieutenant, but shall not in any way interfere with the interview.
The interview shall be postponed for a reasonable time, but in no case for more than forty-eight (48)
hours from the time the Lieutenant is informed of the request for an interview and the general subject
matter thereof and his/her counsel or representative can be present, provided that, in any event,
interviews in shooting cases may be postponed for no more than two (2) hours.
F. This Section shall not apply to questions from a supervisor in the course of
performing his/her normal day-to-day supervisory duties or to requests to prepare detailed reports or
To-From-Subject Reports, except To-From-Subject Reports that relate to the Lieutenant as a witness
to a police-related shooting.
G. The length of interviews will be reasonable with reasonable interruptions permitted
for personal necessities, meals, telephone calls and rest.
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1-1. The provisions of this Agreement shall be deemed to authorize the Independent Police
Review Authority and the Internal Affairs Division to require Lieutenants being interviewed to
provide audio-recorded statements, provided that the provisions in Section 6.2 are satisfied.
Section 6.3 Non-Adoption of Ordinance
The Employer shall not adopt any ordinance and the Department shall not adopt any
regulation which prohibits the right of a Lieutenant to bring suit arising out of his/her duties as a
Lieutenant.
Section 6.4 Photo Dissemination
No photo of a Lieutenant under investigation shall be made available to the media prior to a
conviction for a criminal offense or prior to an adverse decision being rendered by the Police Board.
Section 6.5 Compulsion of Testimony
The Department shall not compel a Lieutenant under investigation to speak or testify before
or to be questioned by any non-governmental agency relating to any matter or issue under
investigation.
Section 6.6 Polygraph
No Lieutenant shall be disciplined for a refusal to take a polygraph examination, and the
results of the polygraph examination shall not be admissible as evidence in proceedings before the
Police Board or in any proceeding where the Lieutenant may appeal to the Police Board, unless by
Illinois or federal court decision or statute such evidence shall become admissible before the Police
Board.
In the event that the results of a polygraph examination become admissible as evidence
before the Police Board and the Department determines a polygraph examination is necessary, the
complainant will be requested to take a polygraph examination first. If the complainant refuses to
take a polygraph examination, the accused Lieutenant will not be requested to take a polygraph
examination. If the complainant takes the polygraph examination and the results indicate deception,
the accused Lieutenant may be requested to take a polygraph examination covering those issues
wherein the examiner determines that the complainant is truthful.
When the polygraph is used, the accused Lieutenant will be advised twenty-four (24) hours
prior to the administering of the test, in writing, of any questions to which the Department will
request an answer.
Section 6.7 Disclosure
A Lieutenant shall not be required to disclose any item of his/her property, income, assets,
source of income, debts or personal or domestic expenditures (including those of any member of
his/her family or household), unless such information is reasonably necessary to monitor the
performance of the Lieutenant's job or violations of reasonable Employer rules, statutes, ordinances
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or this Agreement. In the administration of fringe benefits applicable to all employees of the
Employer, Lieutenants covered by this Agreement may be required to disclose any coverage they
(including any member of their families or households) may have under health or medical insurance
and the name and appropriate identification of the carrier and coverage. Except for ethic statements
legally required to be filed, the parties agree that the disclosure of such personal information shall
not be made available for public inspection or copying because such would be an unwarranted
invasion of personal privacy of the Lieutenant and/or is intended to otherwise be exempt from any
state or local freedom of information statute, ordinance or executive order.
Section 6.8 Media Information Restrictions
The identity of a Lieutenant under investigation shall not be made available to the media,
unless there has been a criminal conviction or an adverse decision has been rendered by the
Police Board (or by the Superintendent where no appeal is taken to the Police Board). However,
if the Lieutenant is found innocent, the Lieutenant may request and the Department shall issue a
public statement.
Section 6.9 Videotaping of Witness Testimony
The testimony of all witnesses in hearings conducted by the Police Board will be video
recorded in addition to the current practice of stenographically recording their testimony. The
videotape, written transcripts and all evidence will be forwarded to the Police Board members for
their consideration and deliberations as part of the record, Additionally, the Employer shall amend
the Municipal Code of Chicago, Section 2-84-030, to conform to this Section and also to provide as
follows: "No member of the Board may participate in any disciplinary recommendation or action
without having read the written record and having viewed the taped testimony of the witnesses upon
which said recommendation or action is based."
Section 6.10 Affidavits
When an allegation of misconduct against a Lieutenant is initiated by a non-Department
member, and the allegation is not of a criminal nature within the meaning of Section 6.1(E) or does
not regard residency or medical roll abuse within the meaning of Section 6.1(F), the Independent
Police Review Authority or the Internal Affairs Division shall secure an affidavit from the
complainant. If the complainant executes the affidavit, the investigation shall proceed as a Complaint
Register investigation. If the complainant refuses to execute the affidavit, the Independent Police
Review Authority or the Internal Affairs Division shall, subject to the provisions below, proceed in
accordance with the provisions applicable to Complaint Register investigations.
If the Independent Police Review Authority or the Internal Affairs Division determines to
conduct a Complaint Register investigation where the complainant does not execute an affidavit, the
appropriate official shall execute an affidavit stating that he/she has reviewed the evidence compiled
in a preliminary investigation, and, based upon the sufficiency of the evidence, continued
investigation of the allegation is necessary. For Independent Police Review Authority cases, the
"appropriate official" shall be the Commanding Officer of the Internal Affairs Division. For Internal
Affairs Division cases, the "appropriate official" shall be the Chief Administrator of the Independent
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Police Review Authority. If an affidavit is not executed by the Independent Police Review Authority
or the Internal Affairs Division, the matter shall not be used by the Department with respect to any
aspect of the Lieutenant's employment.
Section 6.11 Mediation
At any time during an investigation, but usually prior to an accused Lieutenant giving a
statement, the parties may agree to mediate the resolution of the investigation. The "parties" shall
mean the accused Lieutenant, with or without his/her Association representative, and the Employer
through a representative of IAD or IPRA, as appropriate. Neither party is required to meet. The
IAD/IPRA investigator assigned to the case will not be present.
During the mediation session IAD/IPRA shall serve the accused Lieutenant with a Notice of
Administrative Rights and a Notice of Charges and Allegations, which will include the rule violation
and the factual basis therefore.
The parties shall discuss the allegations and the IAD' s/IPRA's position regarding the finding
of the case and the recommended penalty.
Statements made and information conveyed at the mediation session will not be used against
the Lieutenant or included in the file at any later date. By accepting the agreed upon finding and
recommendation, the accused Lieutenant is waiving his/her right to grieve or appeal the finding and
the recommendation. The accused Lieutenant is not required to submit any statement or response. If
the parties cannot reach an agreement, the process will continue.
If the parties agree on a penalty less than separation, it is binding on both parties. However,
the Superintendent retains the right to seek separation of an accused Lieutenant.
ARTICLE 7
SUMMARY PUNISHMENT
Summary punishment action shall be considered as an alternative to formal disciplinary
procedures, provided that in each such action the following shall apply:
A. The summary punishment which may be administered conforms to the "Notice to
Supervisors Regarding Progressive Discipline" as set forth in this Agreement as Appendix B and is
limited to the following:
1. Reprimand; or
2. Excusing a Lieutenant for a minimum of one (1) day to a maximum of three (3) days
without pay.
In all instances,the Summary Punishment shall be satisfied by deducting the equivalent of
day(s) off without pay from the Lieutenant's accumulated elective time. The elective time
shall consist of eight (8) hours for each day. Only in the event the Lieutenant does not have
sufficient accumulated elective time will the Summary Punishment be satisfied
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by means of days off without pay.
B. The Department shall promulgate, maintain and publicize reasonable guidelines
which will specify those acts, omissions or transgressions the violation of which will subject a
Lieutenant to summary punishment action and the penalties for each such violation, which shall be uniformly applied.
ARTICLE 8
EMPLOYEE SECURITY
Section 8.1 Just Cause Standard
No Lieutenant covered by this Agreement shall be suspended, relieved from duty or
disciplined in any manner without just cause.
Section 8.2 File Inspection
The Employer's personnel files, disciplinary history files and completed inactive
investigative files, except for information which the Employer deems to be confidential, shall be
open and available for inspection by the affected Lieutenant during regular business hours.
Section 8.3 Limitation on Use of File Material
It is agreed that any material and/or matter not available for inspection, such as provided in
Section 8.2, shall not be used in any manner or any forum adverse to the Lieutenant's interests.
Section 8.4 Use and Destruction of File Material
All Disciplinary Investigation Files, Disciplinary History Card Entries, Office of Professional
Standards or Independent Police Review Authority disciplinary records, and any other disciplinary
record or summary of such record other than Police Board cases, will be purged from the online file
system five (5) years after the date of the incident or the date upon which the violation is discovered,
whichever is longer, and, therefore, will not be used against the Lieutenant in any future disciplinary
proceedings, unless the investigation relates to a matter which has been subject to either civil or
criminal court litigation or arbitration prior to the expiration of the five- (5-) year period. In such
instances, the Complaint Register case files will be purged from the online file system five (5) years
after the date of the final arbitration award or the final court adjudication, unless a pattern of
sustained infractions exists.
Any information of an adverse employment nature which may be contained in any
unfounded or exonerated file shall not be used against the Lieutenant for any reason. A not
sustained finding shall not be used against the Lieutenant in any disciplinary proceeding.
A finding of "Sustained—Violation Noted, No Disciplinary Action" entered upon a Lieutenant's disciplinary record or any record of summary punishment may be used for a period of time not to exceed one (1) year and shall thereafter be removed from the Lieutenant's disciplinary
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record and not used for disciplinary action. The Department's finding of "Sustained—Violation Noted, No Disciplinary Action" is not subject to the grievance procedure.
Information relating to a "preventable" traffic accident involving a Department vehicle may be used and/or considered in determining future discipline for a period of time not to exceed
two (2) years from the date of such "preventable" traffic accident and shall thereafter not be used
and/or considered in any employment action, provided there is no intervening "preventable" traffic accident involving a Department vehicle, and if there is, the two- (2-) year period shall continue to
run from the date of the most recent "preventable" traffic accident and any prior incidents which
were determined to be "preventable" traffic accidents may be used and/or considered in
employment actions, In no event shall any prior "preventable" traffic accident five (5) or more years old be used and/or considered.
Section 8.5 Notification
In the event the Employer receives a subpoena or other legal process (excluding discovery material) requiring the inspection, tender or submission of personnel, disciplinary or investigative
records and/or files (other than a grand jury subpoena or other subpoena or process which would preclude disclosure), the Employer will promptly send a copy of such subpoena or process to the
Lieutenant whose records have been requested. However, failure to furnish such notice shall not in
any way affect the validity of any disciplinary action or personnel action taken by the Employer,
provided that Unit 156-Lieutenants will not be barred from asserting and does not waive any rights a Lieutenant may have to inspect or to otherwise challenge the use of files under applicable rules,
statutes or this Agreement, including Article 8.
ARTICLE 9
GRIEVANCE PROCEDURE
Section 9.1 Definition and Scope
A grievance is defined as a dispute or difference between the parties to this Agreement
concerning the interpretation and/or application of this Agreement or its provisions. The separation
of a Lieutenant from service and suspensions in excess of thirty (30) days are cognizable only before the Police Board and shall not be cognizable under this procedure, provided, however, that the
provisions of Article 17 shall be applicable to separations.
The grievance procedure provisions herein and the Police Board procedure are mutually
exclusive, and no relief shall be available under both, provided that, if the Police Board reduces a discipline of over thirty (30) days to thirty (30) days or under, the Lieutenant may grieve the
reduced discipline.
Section 9.2 Procedures, Steps and Time Limits
A grievance may be initiated by Unit 156-Lieutenants or an aggrieved Lieutenant. Any
Lieutenant shall have the right to present a grievance at any time, although it is understood that the Lieutenant should attempt to satisfy his/her concerns on an informal basis before invoking the
procedure. In the event an informal resolution proves to be unsatisfactory, a grievance may be
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submitted electronically and shall be processed in accordance with this Agreement. Upon request, the grievant shall be represented by an appropriate Unit 156-Lieutenants representative, provided, however, the grievant Lieutenant may have the grievance adjusted without a Unit 156-Lieutenants representative, so long as such adjustment is not inconsistent with the provisions of this Agreement.
Step One: The grievant will first attempt to resolve the grievance with the first exempt Commanding Officer in his/her chain-of-command. In the event a resolution is not reached and
the grievant desires to formalize the dispute, a grievance shall be submitted electronically to the
first exempt Commanding Officer in the grievant's chain-of-command and Unit 156-Lieutenants within ten (10) of the Lieutenant's working days following the events or circumstances giving
rise to the grievance or when first known by the grievant, or forty (40) days, whichever period is
shorter. A Unit 156-Lieutenants representative may accompany the grievant if requested by the
grievant to attend any meeting with the exempt Commanding Officer regarding the grievance. The exempt Commanding Officer shall submit his/her decision electronically to the grievant and
Unit 156-Lieutenants within ten (10) of the exempt Commanding Officer's working days after
the grievance was submitted.
Step Two: If the response at Step One is not satisfactory to the grievant, the grievant may pursue an adjustment through his/her designated representative by notifying Unit 156-Lieutenants of
his/her intent to pursue such grievance within ten (10) days of the Step One response or within ten
(10) days of the expiration of the response period in Step One, whichever is sooner. Unit 156-Lieutenants shall then determine whether in its opinion a valid grievance exists. Unless Unit 156-
Lieutenants elects to proceed, there shall be no further action taken under this procedure. If Unit 156-
Lieutenants chooses to proceed, it may seek a resolution or adjustment of the grievance by submitting
the grievance electronically to the Management and Labor Affairs Section within twenty (20) days of the Step One response or within twenty (20) days of the expiration of the response period in Step
One, whichever is sooner. Following a hearing on the issue, the Management and Labor Affairs
Section shall submit its decision electronically to Unit 156-Lieutenants within ten (10)
days of receiving the grievance. If the grievant is directed by the Employer to meet concerning his/her grievance at a time when the grievant is not scheduled to work, he/she shall be compensated
for such time at the applicable rate provided for in this Agreement, provided that he/she shall not be
compelled to attend a hearing on his/her regular day off without his/her consent.
Step Three: Within thirty (30) days of the receipt of the Step Two decision or Step Two decision due date, Unit 156-Lieutenants may refer the grievance to arbitration.
Section 9.3 Arbitration of Standard Grievances
Either party may seek arbitration. If the Employer desires to proceed to arbitration, Section 9.2 does not apply. If either party proceeds to arbitration, the following procedure shall apply:
A. Within ten (10) days, the Employer and Unit 156-Lieutenants shall attempt to mutually agree upon an Arbitrator. If they fail to agree, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and Conciliation Service. Within ten (10) days after receipt of the list, the parties shall select an Arbitrator. Both the Employer and Unit 156-Lieutenants each shall alternately strike names from the panel. The remaining person shall be the Arbitrator.
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B. The Employer and Unit 156-Lieutenants, by mutual agreement, may submit the
matter for mediation before a Mediator, but mediation shall not be a pre-condition for arbitration. If
the case is not resolved, the parties may exercise their right to arbitrate under this Section by request
made by either party within thirty (30) days of the mediation. The Mediator shall not be selected as
the Arbitrator for the same case. The parties shall split evenly the cost of the Mediator's expenses
and fees.
C. The Employer or Unit I 56-Lieutenants, by mutual agreement, may submit the
matter to expedited arbitration under the Expedited Arbitration Rules in Appendix C.
D. In all discipline cases, Complaint Register files shall be provided to Unit 156-
Lieutenants within fourteen (14) days of a request for such files (unless exigent circumstances exist)
by Unit 156-Lieutenants or Unit 156-Lieutenants representatives who are sworn members of the
Department, and these individuals shall be allowed to use Department or Independent Police Review
Authority copying equipment to copy the requested Complaint Register files, with appropriate
supervision.
E. The parties shall develop a roster of twelve (12) Arbitrators who shall commit to
pre-scheduled hearing dates on a regular basis. From this roster the parties shall schedule a minimum
of two (2) arbitration hearing dates per month, unless waived by mutual agreement. The parties shall
make every effort (including the substitution of cases in the event of settlement or inability to try a
case when scheduled) to ensure that such dates are not canceled.
F. The parties shall avoid continuances. Requests for continuances are disfavored and
shall be granted only upon showing good cause.
Section 9.3A Suspension Grievances
1. Suspensions of Ten (10) Days or Fewer
A Lieutenant who receives a recommendation for a suspension, not including Summary
Punishment, for a period of ten (10) days or fewer, may file a grievance challenging and seeking
review of that recommendation. Such grievances will be reviewed through a Summary Opinion, as
described below, which shall be binding. The Summary Opinion process of review requires the
Employer to provide a copy of the investigative file, including all internal reviews of the file, to Unit
156B for review. An Arbitrator, selected by mutual agreement of the parties, will also receive the
file from the Employer.
Unit 156B may file a one page report to the Arbitrator making any appropriate argument
addressing the findings and/or the recommendation for discipline. The Employer may not file any
argument nor respond to Unit 156B's argument unless asked to do so by the Arbitrator.
The Arbitrator will review the argument and the complete file and will issue an award
granting or denying the grievance in whole or in part. The award will include the basis for the
Arbitrator's opinion and award. The award will be binding on the Employer, Unit 156B and the
Lieutenant.
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The Lieutenant will not be required to serve any of the suspension until such time as the
Arbitrator's award is received. No further review of the Arbitrator's award is available under this
Agreement.
The fees and expenses of the Summary Opinion Arbitrator shall be shared equally
between the Employer and Unit 156B.
2. Suspensions of Eleven (11) Days or More
A Lieutenant who receives a recommendation for suspension of eleven (11) days or more,
not including a suspension accompanied by a recommendation for separation, may file a grievance
challenging and seeking review of that recommendation. Such grievances will be sent for full
arbitration on an expedited basis.
The Employer will provide a copy of the complete investigative file, including all internal
reviews of the file, to Unit 156B. An Arbitrator selected by mutual agreement of the parties will
conduct a "full" arbitration evidentiary hearing and will thereafter expeditiously issue an award. The
award of the Arbitrator is binding on the Employer, Unit 156B and the Lieutenant.
The Lieutenant will not be required to serve any of the suspension until such time as the
Arbitrator's Award is received. No further review of the Arbitrator's award is available under this
Agreement.
Section 9.4 Authority of Arbitrator
A. Except as specified in subsection (B), the Arbitrator shall have no right to amend,
modify, nullify, disregard, add to or subtract from the provisions of this Agreement. The Arbitrator
shall only consider and make a decision with respect to the specific issue or issues presented to the
Arbitrator and shall have no authority to make a decision on any other issues not so submitted. The
Arbitrator shall submit, in writing, his/her decision to the Employer and to Unit 156-Lieutenants
within thirty (30) days following the close of the hearing, unless the parties agree to an extension
thereof. The decision shall be based upon the Arbitrator's interpretation of the meaning or
application of the terms of this Agreement to the facts of the grievance presented and shall be final
and binding upon the parties.
B. Any Lieutenant who is a member of, and adheres to, the established and traditional
tenets or teachings of a bona fide religion, body or sect which has historically held conscientious
objections to financially supporting organizations such as Unit 156-Lieutenants, upon proof thereof,
may be excused from the obligations set forth in Section 3.1; the Arbitrator may require, in lieu of
such obligations, the payment by such Lieutenant of a sum equal to the fair share agency fee to a
non-religious charitable fund exempt from taxation under Section 501(C)(3) of Title 26 chosen by
such Lieutenant from a list of at least three (3) such funds to be submitted by Unit 156-Lieutenants.
The Employer shall not participate in, but shall be bound by, such arbitration.
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If a Lieutenant who holds conscientious objections pursuant to this Section requests Unit 156-Lieutenants to use the grievance and arbitration procedure on the Lieutenant's behalf, Unit
156-Lieutenants may charge the Lieutenant the reasonable costs of using the procedure.
C. With respect to grievances challenging the recommended discipline of Lieutenants
for non-criminal misconduct, the Employer and Unit 156B mutually acknowledge the principle that investigations of suspected employee misconduct are to be carried out on a timely basis, and
that unwarranted delays in completing disciplinary investigations may prejudice the employee's
ability to respond to or defend against allegations of misconduct. Accordingly, the Arbitrator is
vested with specific authority to inquire into the reason(s) for any delay in completing an investigation, whether the Lieutenant has been harmed by the delay in the investigation and,
further, the parties mutually acknowledge that the Arbitrator, in the process of applying the tenets
of the "just cause" principle, possesses the authority to reverse or reduce any disciplinary penalty
where the evidence demonstrates that a disciplinary investigation was unreasonably delayed and that a Lieutenant was prejudiced thereby.
Effective for disciplinary investigations concluding ninety (90) days after the date of ratification of this collective bargaining agreement, in the event the Employer recommends a
disciplinary penalty upon a Lieutenant as a result of a disciplinary investigation that took more
than eighteen (18) months to conclude, as measured from the date on which the disciplinary
investigation was opened, upon request of Unit 156B, the Arbitrator, who shall be the same Arbitrator selected to hear the merits of the disciplinary penalty, shall convene a hearing,
preliminary to the hearing on the merits, to determine whether there was a reasonable basis for
the investigation to take longer than eighteen (18) months. At this preliminary hearing the
Employer shall bear the burden of demonstrating the existence of reasonable cause. "Reasonable cause" may include, but is not limited to, such factors as unavailability of the accused Lieutenant
or a critical witness, delays attributable to the Lieutenant or his or her attorney, the unusual
complexity of the matter under investigation, the need to investigate claims or new evidence
arising in the course of the investigation, the pendency of a criminal investigation involving the matter under investigation, the pendency of civil litigation involving the matter under
investigation, etc. If the Arbitrator determines there was reasonable cause for the investigation to
take longer than eighteen (18) months, the Arbitrator shall proceed to the hearing on the merits
of the disciplinary penalty against the Lieutenant.
Nothing in this sub-section C shall apply in any instance where the allegation against the
Lieutenant is of a criminal nature within the meaning of Section 6.1E.
Section 9.5 Expenses of Arbitrator
The fees and expenses of the Arbitrator shall be borne by the party whose position is not
sustained by the Arbitrator. The Arbitrator, in the event of a decision not wholly sustaining the
position of either party, shall determine the appropriate allocation of his/her fees and expenses. Each party shall be responsible for compensating its own representatives and witnesses. The cost of a
transcript, where requested by either party, shall be paid by the party so requesting it. The party
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requesting a cancellation, rescheduling or other postponement of a set hearing date shall pay the
Arbitrator's cancellation fee.
Section 9.6 Processing and Time Limits
The resolution of a grievance satisfactory to Unit 156-Lieutenants at any step shall be
deemed a final settlement, and any grievance not initiated or taken to the next step within the time
limit specified herein will be considered settled on the basis of the last answer by the Employer. The
time limits specified in this Article may be extended or waived by mutual agreement. Grievances
may be initiated at any appropriate step corresponding with the nature of the grievance and the
manner in which it arose.
ARTICLE 9A
MEDICAL GRIEVANCES
Section 9A.1 Psychological Review
Grievances concerning involuntary removal from active duty due to psychological or
psychiatric reasons will comply with the following procedures:
Step One: A Lieutenant who wants to challenge the Employer's decision to place him/her
involuntarily on the medical roll will file a grievance with the Medical Administrator within ten (10)
calendar days of being placed on the medical roll, or, if the Lieutenant was on authorized furlough
during his/her involuntary placement, within thirty-five (35) calendar days of being placed on the
medical roll or within thirty-five (35) calendar days of the Lieutenant on furlough being notified of
placement on the medical roll.
If the Employer's psychiatrist/psychologist recommends that the Lieutenant is fit for full
duty and also was fit when he/she was involuntarily placed on the medical roll due to psychological
or psychiatric reasons, the Lieutenant shall have any paid medical time used during such period of
being involuntarily placed on the medical roll restored and will be made whole for lost pay and other
benefits to which he/she is entitled.
Step Two: For a Lieutenant who has filed a timely grievance at Step One and/or when the
Employer's psychiatrist/psychologist recommends that the Lieutenant is unfit for full duty and was also
unfit when he/she was involuntarily placed on the medical roll due to psychological or psychiatric
reasons, upon written request made by Unit 156-Lieutenants within ten (10) calendar days of notice to
the Lieutenant that he/she is unfit for duty, Unit 156-Lieutenants may file a grievance at Step Two and
may request review of that decision by a three- (3-) member psychological review panel. The
Lieutenant shall, as promptly as feasible, be evaluated by a panel of three (3) psychiatrists or
psychologists, one (1) appointed by Unit 156-Lieutenants, one (1) appointed by the Employer and a
third knowledgeable about police duties appointed by mutual agreement of the Employer's and Unit
156-Lieutenants' psychiatrist or psychologist. This panel shall have the authority to examine and
evaluate the Lieutenant and recommend whether the Lieutenant is fit for duty. In making its
recommendations, the primary considerations of the panel shall be the protection
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and safety of, and need for effective service to, the public. These considerations shall prevail over all
others in any case of a conflict of interests between the Lieutenant and the Employer.
If the panel recommends that the Lieutenant is fit for duty and was also fit when he/she was
placed involuntarily on the medical roll due to psychological or psychiatric reasons, then the
Lieutenant shall have any paid medical time used during such involuntary period on the medical roll
restored and will be made whole for lost pay and other benefits to which he/she is entitled.
If the panel determines that the Lieutenant was unfit for duty at the time he/she was
involuntarily placed on the medical roll, but became fit for duty sometime thereafter, the panel shall
identify the point at which the Lieutenant was fit for duty, and the Lieutenant will be made whole for
lost pay and benefits from the date that the panel determined he/she was fit for duty.
Each party shall bear the full cost of the panel member appointed by it, with the cost of the
mutually appointed panel member to be split equally between the parties. The recommendations of
the panel shall be binding upon the Employer, Unit 156-Lieutenants and the Lieutenant.
Section 9A.2 Medical Grievances
Grievances concerning medical issues (excluding issues covered under Section 9A.1) shall
follow the procedure below. Medical issues are defined as grievances involving medical issues,
including, but not limited to, the non-payment of injury on duty ("IOD") bills, removal of a
Lieutenant from duty for medical reasons, refusal to return a Lieutenant to duty from the medical
roll, classification of an injury as non-IOD and the Benefits Management Office's denial of payment
of medical and hospital bills of a Lieutenant or his/her covered dependents under the Employer's
self-funded health care plan.
Step One: Initiating a Medical Grievance. Grievances concerning the Benefits
Management Office's denial of payment of medical and hospital bills will be filed with the
Management and Labor Affairs Section within ten (10) working days following the events or
circumstances giving rise to the grievance or when first reasonably known by the grievant.
All other grievances concerning medical issues will be filed with the Medical Administrator
within ten (10) working days following the events or circumstances giving rise to the grievance or
where first known by the grievant, but in no event later than thirty-five (35) calendar days following
the events or circumstances giving rise to the grievance or within thirty-five (35) days of a
Lieutenant on furlough being notified of the events or circumstances giving rise to the grievance. If
the determination at Step One is not satisfactory, Unit 156-Lieutenants may by written request made
within fifteen (15) days of the Step One response or the expiration of the period for said response
submit the matter for mediation.
Step Two: Mediation of Medical Grievances. At mediation, representatives of Unit 156-
Lieutenants, the Department, the Benefits Management Office and the Committee on Finance of the
City Council of the City of Chicago shall participate as needed. Any settlements reached in the
mediation proceedings shall be binding upon the parties. Medical mediation sessions shall occur
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each thirty (30) days, unless waived by mutual agreement. The parties shall split evenly the cost
of the Mediator's fees and expenses.
The grievant shall be provided with the relevant medical records within the possession of the
Medical Services Section, the Committee on Finance, the Benefits Management Office and the
Management and Labor Affairs Section. A release shall be required for production of medical
records. The relevant medical records shall include the Medical Administrator's determination of the
grievant's status and the response to the grievance. The above records shall be submitted to Unit 156-
Lieutenants by the Department within forty-five (45) days of the Department's receipt of Unit 156-
Lieutenants' releases and mediation agenda setting forth the grievants' names. Relevant records from
the Medical Services Section, the Committee on Finance, the Benefits Management Office and the
Management and Labor Affairs Section shall be provided as stated above and throughout the
grievance process until the grievance is fully resolved.
Relevant documents to be produced by the Benefits Management Office in mediation are
limited to medical records, claim forms, medical bills, explanations of benefits and
recommendations to and the decision of the Benefits Committee regarding the claim. This
definition of relevant records to be produced by the Benefits Management Office does not preclude
Unit 156-Lieutenants from subpoenaing additional relevant documentation in response to the
scheduling of an arbitration of a grievance.
Step Three: Arbitration. If the grievance is not resolved at Step Two, Unit 156-Lieutenants,
upon written request within thirty (30) days of the date of mediation, may demand arbitration. The
Mediator shall not be selected as the Arbitrator for the same case. The arbitration hearing shall be
scheduled to commence within thirty (30) days of the selection of the Arbitrator, unless the parties
agree otherwise. Within ten (10) days of Unit-156 Lieutenants' demand for arbitration, the
Employer and Unit 156-Lieutenants shall attempt to mutually agree upon an Arbitrator. If they fail
to agree, a list of seven (7) qualified neutrals shall be requested from the Federal Mediation and
Conciliation Service. Within five (5) days after receipt of the list, the parties shall select an
Arbitrator. Both the Employer and Unit 156-Lieutenants shall alternately strike names from the
list. The remaining person shall be the Arbitrator.
ARTICLE 10
NON-DISCRIMINATION
Section 10.1 Equal Employment Opportunity
The Employer will continue to provide equal employment opportunity for all Lieutenants
and to develop and apply equal employment practices.
Section 10.2 Non-Discrimination
The Employer shall not discriminate against a Lieutenant with regard to race, color, sex,
religion, age (40-63) or national origin of the Lieutenant nor shall the Employer discriminate against
Lieutenants as a result of membership in Unit 156-Lieutenants. Nothing contained in this Agreement
shall be deemed to preclude the mandatory retirement of any Lieutenant upon or after the attainment
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of age sixty-three (63). Lieutenants shall not be transferred, assigned or reassigned for reasons
prohibited by this Section.
Section 10.3 Religious Holiday Accommodation
The obligation to accommodate the religious beliefs of Lieutenants covered by this Agreement is fulfilled if those Lieutenants whose religious beliefs require that they not work, but
who are scheduled to work, on a recognized religious holiday are permitted at the Lieutenants'
option one of the following choices in order to be excused from their regular tours of duty: (a) the use of elective time or (b) excused from duty non-disciplinary (Code 89). This option may be
applied for certain recognized religious holidays of faiths whose tenets require abstinence from
work, subject to the determination of the Commanding Officer that this accommodation does not
unduly interfere with operational needs.
Section 10.4 Americans with Disabilities Act
In the event the Employer shall be required to make a reasonable accommodation under the Americans with Disabilities Act to the disability of an applicant or incumbent Lieutenant that may be
in conflict with the rights of a Lieutenant under this Agreement, the Employer shall bring this matter to
the attention of Unit 156-Lieutenants. In the event the parties cannot reach an agreement on such
accommodation, the provisions of Article 9 shall be available, and the Arbitrator shall consider the Employer's and Unit 156-Lieutenants' (if any exist) obligations under the Americans with Disabilities
Act and this Agreement, provided that no Lieutenant shall be displaced by such decision.
ARTICLE 11
HOLIDAYS
Section I1.1 Designated Holiday
The Employer agrees that the following days shall be considered holidays:
New Year's Day Martin Luther King, Jr.'s Birthday
Lincoln's Birthday
Washington's Birthday Pulaski Day
Community/Police Partnership Day Memorial Day Independence Day
Labor Day Columbus Day
Veteran's Day Thanksgiving Day Christmas Day
1 January Third Monday in January 12 February
Third Monday in February
First Monday in March Last Saturday in April
Last Monday in May 4 July
First Monday in September Second Monday in October
11 November
Fourth Thursday in November 25 December
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Section 11.2 Compensation for Holidays
Compensation for the holidays listed in Section 11.1 is granted as follows:
A. Lieutenants who are required to work a regular tour of duty [eight (8), eight and one-
half (81/2), or ten (10) hours] on a holiday will be credited with eight (8), eight and one-half (8 1/2) or
ten (10) hours of compensatory time and four (4), four and one-quarter (4 1/4), or five (5) hours of
compensatory time or additional pay as the Lieutenant elects.
B. Lieutenants whose regular day off coincides with an established holiday will be
credited with eight (8), eight and one-half (8 1/2 or ten (10) hours of compensatory time.
C. Lieutenants whose regular day off coincides with an established holiday and who are
required to work a regular tour of duty [eight (8), eight and one-half (8 1/2), or ten (10) hours] on that
holiday will be credited with twenty (20), twenty-one and one-quarter (21.25) or twenty-five (25)
hours of compensatory time and four (4), four and one-quarter (4.25), or five (5) hours of
compensatory time or additional pay as the Lieutenant elects.
D. All hours in excess of a regular tour of duty on a holiday will be compensated in
accordance with the provisions of Article 20.
E. Compensatory time will not be credited to a Lieutenant on a holiday if the Lieutenant
is on the medical roll (excluding 10D), absent due to sickness or death in the family, on military
leave, suspended, excused non-disciplinary or on a leave of absence.
Section 11.3 Personal Day
A. For each calendar year, Lieutenants shall be entitled to receive, in addition to the days
specified in Section 11.1, six (6) personal days. Subject to the limitations set forth in subsection (B),
Lieutenants shall not be required to work on a personal day, provided that written notice of the
personal day is given to the appropriate superior no later than ten (10) days prior to the personal day.
B. The following limitations apply to the scheduling of personal days:
1. A holiday specified in Section 11.1 may not be selected as a personal day.
2. Prior to January 1 of each year, the Department may identify up to three (3)
dates for each watch during which personal days may not be scheduled,
provided that the operation of this paragraph shall not result in more than
three (3) denials for any Lieutenant during the course of a calendar year.
3. Notwithstanding paragraph 2, the Department retains its existing right to deny
a personal day in response to sudden or unexpected events or circumstances
that customarily would require maximum sworn staffing levels. If the
Department intends to exercise this right, the Department shall provide Unit
156B — Lieutenants with twenty-one (21) days' notice of its intent or as much
notice as is possible given the events or circumstances at issue.
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C. Lieutenants may elect to be paid for six (6) unused personal days per year in lieu of taking the time off. Where Lieutenants elect such payment, the payment shall be made by April 1 of the following year. Lieutenants may carry over six (6) unused personal days for use in the following year.
D. Any dispute within a Unit as to the selection of a personal day shall be resolved by seniority as defined in Section 23.1(A).
Section 11.4 Special Compensation Time
If, as a result of a declaration by the Mayor, all employees of the Employer except for police and fire employees are given a day off or portion thereof with pay, then all Lieutenants
who are required to work during such excused time shall be given compensatory time off at a
straight-time rate equivalent to the hours worked during such excused time.
Section 11.5 Holiday Declaration
To the extent that any additional holiday is declared by federal, state or municipal authority during the term of this Agreement, and such holiday is granted to any employee of the Employer, then said holiday shall be incorporated into Section 11.1 and compensated for as provided in Section
11.2.
ARTICLE 12
HEALTH INSURANCE AND RELATED BENEFITS
Section 12.1 Medical, Dental and Flexible Spending. Account Plans
The Employer's medical and dental plans are incorporated by reference into this
Agreement and described in Appendices D, E, F, G, H, I and J.
The Employer shall provide Lieutenants with the opportunity to enroll in a Flexible Spending Account ("FSA") plan, which will permit Lieutenants to fund, on a pre-tax basis, an
individual account that the Lieutenant may use to pay for qualified unreimbursed medical expenses, as provided under Section 213 of the Internal Revenue Code. Subject to Internal Revenue Service
regulations, the FSA plan will allow participants to pay the following qualified expenses on a pre-tax
basis: dental expenses; vision expenses; health plan contributions, deductibles and co-payments;
prescription drug co-payments and payments for over-the-counter drugs; and other unreimbursed medical expenses. Participation is voluntary, and participants may contribute up to $5000.00 annually
on a pre-tax basis, which will be deducted pro-rata each payroll period. Lieutenants may enroll in the
FSA plan or change the amount of their elections once per year during open enrollment or when they
have a change in family status. As mandated by the Internal Revenue Code, a "use it or lose it" rule applies to Section 125 plans. During open enrollment, the parties will engage in a joint educational
campaign to inform Lieutenants of the benefits of the FSA plan and otherwise increase employee
participation in such plan.
The medical plan (health insurance plan) shall consist of two (2) separate alternative
coverages—a PPO plan ("PPO") and two (2) HMO plans ("HMO"). In the event that a new health
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care plan becomes available to the Employer during a plan year, the Employer shall have the right to include that new plan in the plan alternatives upon reasonable prior notice to and discussion with Unit 156-Lieutenants.
The Employer shall make available to Lieutenants and their eligible dependents summaries of the benefits provided by the Employer's health care plan either electronically or in print with the cost of any printing to be borne by the Employer.
The plans for both medical and dental benefits, including the provisions on eligibility and self-contribution rules and amounts in effect as of the date of this Agreement, may not be changed by the Employer without the agreement of Unit 156-Lieutenants; however, any changes during the term of this Agreement relating to health care (including, but not limited to, changes in employee contributions, deductibles or out-of-pocket limits) agreed to with Lodge 7 and applicable to bargaining unit members represented by Lodge 7 or Fire Captains represented by Local 2, shall be applicable to Lieutenants covered by this Agreement. Any increases in deductibles or out-of-pocket limits affecting the higher health care contribution band shall not exceed an increase in deductibles or out-of-pocket limits for the lower health care contribution band.
The Employer agrees to make available to the following other persons the above-described hospitalization and medical program and the dental plan: Lieutenants who retire on or after age sixty (60) and their eligible dependents; widows and children of Lieutenants killed in the line of duty; former Lieutenants on pension disability (both duty and occupational) and their eligible dependents; and widows and children of deceased Lieutenants who were formerly on pension disability (both duty and occupational). The Employer will contribute the full cost of coverage for any of the above-enumerated Lieutenants who elect coverage under any plan or plans. However, coverage under a plan for such. Lieutenants shall terminate when a Lieutenant either reaches the age for full Medicare eligibility under federal law or ceases to be a dependent as defined in a plan, whichever occurs first. After a Lieutenant reaches the age for full Medicare eligibility, the Lieutenant shall be covered under the medical program for annuitants, provided the person pays the applicable contributions.
Section 12.2 Chicago Labor-Management Trust
Unit 156-Lieutenants commits to becoming a signatory labor organization of the labor-management cooperation committee known as the Chicago Labor-Management Trust ("Trust"). Upon the ratification of this Agreement, Unit 156-Lieutenants agrees to meet with the Employer and representatives from the signatory labor organizations to the Agreement and Declaration of Trust establishing the Trust ("Trust Agreement") for the purpose of determining Unit 156-Lieutenants' representation within the Trust and the guidelines and procedures to be used in expanding the Trust to include the members of the bargaining unit. The parties contemplate that Unit 156-Lieutenants shall have at least one (1) Trustee appointed to the Trust. After Unit 156-Lieutenants becomes a signatory labor organization to the Trust, Unit 156-Lieutenants shall be afforded the same right to withdraw from the Trust as is granted to any other signatory labor organization pursuant to the Trust Agreement.
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Section 12.3 Health Care Reopener
A. Each party reserves the right to reopen this Agreement to negotiate the health care
plan set forth in this Agreement for the following reasons:
1. Any change in the applicable laws, including a universal, national or state health
care program, mandating significant changes in health insurance benefits that
becomes law and is effective during the term of this Agreement and that affects
the health care benefits offered to bargaining unit members; or
2. The lack of achievement of health care cost containment as anticipated by the
parties pursuant to the formation and administration of the Trust referenced in
Section 12.2 and as defined in the Trust Agreement.
B. If any one of the foregoing events or conditions occurs, either party has thirty (30) days to notify the other party in writing of its intent to reopen this Agreement to negotiate the
health care plan set forth in this Agreement. Thereafter, the parties have ninety (90) days within
which to reach an agreement.
C. In the event that this Agreement is reopened to negotiate the health care plan, the
health care plan in effect at the time the Agreement is reopened shall not be changed by the
Employer without the written consent of Unit 156-Lieutenants. If the parties are unable to agree
on modifications to the health care plan, the dispute shall be submitted to interest arbitration in
accordance with Section 28.3(B).
Section 12.4 Ambulance Fees
Lieutenants and their eligible dependents will be exempt from fees for emergency
medical services performed by the Chicago Fire Department.
ARTICLE 13
LAYOFFS AND RE-EMPLOYMENT
Section 13.1 Priority of Layoffs
No Lieutenant in the bargaining unit shall be laid off until all sworn police officers
(including probationary police officers) have been laid off.
Section 13.2 Notice of Layoffs
When there is an impending layoff with respect to any Lieutenants in the bargaining unit,
the Employer shall inform Unit 156-Lieutenants, in writing, no later than thirty (30) days prior to
such layoff The Employer will provide Unit 156-Lieutenants with the names of all Lieutenants to be
laid off prior to the layoff. Lieutenants shall be laid off in accordance with their seniority (i.e., time
in grade). The Lieutenants with the least amount of seniority shall be laid off first. All Lieutenants
shall receive notice, in writing, of the layoff at least thirty (30) days in advance of the effective date
of such layoff.
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Section 13.3 Recall
Any Lieutenant who has been laid off shall be placed on the appropriate reinstatement list
and shall be recalled on the basis of seniority, provided the Lieutenant is fully qualified to perform
the work to which he/she is recalled without further specialized training. No Sergeant shall be
promoted to Lieutenant while a Lieutenant is on layoff. Any Lieutenant who has been laid off shall
receive when recalled the salary rate that would have been received by the Lieutenant had the
Lieutenant never been laid off.
ARTICLE 14
BULLETIN BOARDS
The Employer shall provide Unit 156-Lieutenants with designated space on available
bulletin boards, or provide bulletin boards on a reasonable basis where none are available, upon
which Unit 156-Lieutenants may post its notices.
ARTICLE 15
SAFETY ISSUES
Section 15.1 Cooperation
The Employer and Unit 156-Lieutenants agree to cooperate to the fullest extent
reasonably possible to promote the use of safe equipment and facilities.
Section 15.2 Safety Committee
Unit 156-Lieutenants and the Employer shall establish a Safety Committee composed of one
(1) Sergeant, one (1) Lieutenant and one (1) Captain designated by Unit 156-Lieutenants and up to
three (3) members designated by the Employer. The Committee shall meet at least semi-annually,
unless waived by mutual agreement, or more frequently by mutual agreement, for the purpose of
discussing and investigating safety and health issues relating to Lieutenants and to recommend
reasonable safety and health criteria relating to equipment and facilities. Formal recommendations of
the Committee shall be submitted, in writing, to the Superintendent or his/her designee with a copy
to Unit 156-Lieutenants, but such recommendations shall not be binding upon the Employer or Unit
156-Lieutenants. In addition to Committee recommendations, Unit 156-Lieutenants may submit
additional written recommendations to the Superintendent.
For purposes of this Section, the term "investigating" shall be limited to the right of Unit
156-Lieutenants Committee members to obtain information upon request, receive minutes of other
Department safety meetings (if any), observe conditions regarding identified safety and health
hazards and discuss such matters with Lieutenants and members of management, provided such
discussions do not unduly interfere with the performance of duty by any Lieutenant or Committee
member.
In the event the Employer agrees, in writing, to adopt the recommendation of the Committee
or Unit 156-Lieutenants, the recommendation shall be implemented within a reasonable period of
time, unless the failure to implement in a timely fashion was beyond the reasonable control of the
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Employer. However, no monetary relief shall result from the failure to implement any such recommendation.
If the Superintendent or the Superintendent's designee disagrees with the recommendation of the Committee or Unit 156-Lieutenants, he/she shall so notify the Committee or Unit 156-Lieutenants in writing within ten (10) days. Within ten (10) calendar days of such notice, Unit 156-Lieutenants may request arbitration of any such dispute if such dispute raises a good faith issue regarding the use of equipment or materials which are alleged to present a serious risk to the health or safety of a Lieutenant beyond that which is inherent in the normal performance of police duties. The decision of the Arbitrator under this Section shall be advisory only and shall not be binding upon the Employer, provided that this procedure shall not be exclusive and shall not affect the right of a Lieutenant or Unit 156-Lieutenants to invoke Article 9 where otherwise appropriate. No such advisory opinion shall constitute a determination of the existence of any safety or health hazard under this Agreement nor shall any such advisory opinion be introduced in any proceeding under Article 9.
Section 15.3 Disabling Defects
No Lieutenant shall be required to use any equipment that has been designated by both Unit 156-Lieutenants and the Employer as being defective because of a disabling condition, unless the disabling condition has been corrected. When an assigned Department vehicle is found to have a disabling defect or is in violation of the law, the Lieutenant will notify his/her supervisor, complete required reports and follow the supervisor's directions relative to requesting repairs, replacement or the continued operation of said vehicle.
Section 15.4 Notices
The Employer shall post all safety and health notices required by law in conspicuous places where notices to employees are customarily posted.
ARTICLE 16
SECONDARY EMPLOYMENT
A. The Special Employment Program is a voluntary program that allows Lieutenants to work on their days off for the Department at the rate of one and one-half times the Lieutenant's usual salary.
B. The Employer reserves the right to restrict secondary employment when it has reasonable cause to believe that the number of hours which the Lieutenant spends on secondary employment is adversely affecting his/her performance. The Employer retains the existing right to limit, restrict or prohibit the nature or type of secondary employment that a Lieutenant undertakes. No Lieutenant on the Medical Roll may engage in secondary employment.
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ARTICLE 17
UNIT 156-LIEUTENANTS REPRESENTATIVES
For the purposes of administering and enforcing the provisions of this Agreement, the
Employer agrees as follows:
Section 17.1 Meeting Participation and Scheduling
The Employer recognizes and agrees to meet with Unit I 56-Lieutenants' representatives
relating to matters covered by this Agreement. Meetings shall occur at reasonable times by
mutual agreement. The names of designated representatives shall be certified to the Employer,
in writing, by Unit 156-Lieutenants.
Section 17.2 Unit 156-Lieutenants Representatives
For purpose of the administration and operation of Unit 156-Lieutenants, and for the
purpose of conducting union business for Unit 156-Lieutenants, the Employer shall grant designated
officers of Unit 156-Lieutenants paid time off to be used in a manner determined by Unit 156-
Lieutenants. During such paid time off, the Employer shall continue to pay the Lieutenant all salary
and maintain all benefits, including pension contributions and seniority accruals, as if the Lieutenant
were on duty with the Employer, provided that Unit 156-Lieutenants reimburses the Employer an
amount equal to the paid time off for said salary and benefits. Paid time off shall not exceed twenty-
five hundred (2500) hours per year.
Section 17.3 Attendance at Unit 156-Lieutenants Meetings
Subject to emergencies and the need for orderly scheduling, the Employer agrees that
elected officials and members of the Board of Directors of Unit 156-Lieutenants shall be permitted
reasonable time off, without loss of pay, to attend general, board or special meetings of Unit 156-
Lieutenants, provided that at least forty-eight (48) hours' notice of such meetings shall be given, in
writing, to the Employer, and provided further that the names of all such officials and Lieutenants
shall be certified, in writing, to the Employer.
Elected officials and members of the Board of Directors may be excused for an entire
tour of duty to attend general, board or special meetings up to a maximum of four (4) tours of
duty per official/member per year.
Section 17.4 Grievance Processing
Reasonable time shall be permitted Unit 156-Lieutenants representatives for the purpose
of aiding, assisting or otherwise representing Lieutenants in the handling and processing of
grievances or exercising other rights set forth in this Agreement, and such reasonable time shall
be without loss of pay.
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Section 17.5 Attendance at State and National Conferences
A. Subject to staffing needs, a maximum of five (5) appointed or elected delegates
will be permitted to attend state and national conferences of the Policemen's Benevolent &
Protective Association of Illinois and the National Association of Police Organizations. Such
conference time shall be equal to the duration of the conference plus reasonable travel time to
and from such conference.
B. A maximum of five (5) appointed or elected delegates of Unit 156-Lieutenants will
be permitted to attend state and national conventions of the Policemen's Benevolent & Protective
Association of Illinois and the National Association of Police Organizations with pay. Such
convention time shall be equal to the duration of the convention plus reasonable travel time to and
from such convention up to a maximum of seven (7) days every two (2) years.
Section 17.6 Unit 156-Lieutenants Negotiating Team
Up to three (3) members designated as being on the Unit 156-Lieutenants negotiating
team shall, for the purpose of attending scheduled negotiations, be excused from their regular
duties without loss of pay. If a Lieutenant is in day-off status on the day of negotiations, the
Lieutenant will not be compensated for attending the session.
Section 17.7 Unit 156-Lieutenants Activity
The Employer shall not prohibit discussion, solicitation or distribution of literature among
Lieutenants covered by this Agreement with respect to matters concerning Unit 156-Lieutenants
affairs, unless such activity interferes with the performance of the duties of any employee or with
the orderly and efficient operations of the Employer, or unless it interferes with the transaction of
business by the public with the Employer.
ARTICLE 18
DISABILITY INCOME
Section 18.1 IOD
Any Lieutenant absent from work on account of an IOD for any period of time not exceeding
twelve (12) months shall receive for each such IOD full pay and benefits for the period of absence,
provided such injury or illness is certified by the Medical Administrator. Such certification shall not
be unreasonably withheld.
Lieutenants who have exhausted said twelve (12) month paid 10D leave shall be given the
option to go voluntarily on non-paid medical leave instead of disability pension, provided as follows:
A. The Lieutenant must exhaust all furlough, personal days, Baby Furlough Days
and accumulated compensatory time;
B. Such non-paid leave shall continue for no more than three (3) months, plus an extension of no more than three (3) months, and shall not be granted or extended, unless the
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Employer determines that the Lieutenant is likely to return to duty within the period of the leave
or extension thereof; and
C. Such non-paid leave shall be subject to Section 23.1(B) and shall not be deemed duty
disability leave.
Section 18.2 Non-IOD
Any Lieutenant absent from work on account of a non-10D injury or illness for any period of
time not exceeding twelve (12) months in any twenty-four (24) consecutive month period shall
receive full pay and benefits for the period of absence, provided such injury or illness is certified
by the Medical Administrator. Such certification shall not be unreasonably withheld.
Section 18.3 Certification
Certification that a Lieutenant has been injured in the line of duty shall not be
unreasonably withheld.
Section 18.4 Return to Duty
In order to enable Lieutenants applying to return from leave for injury or illness to be
processed back to duty as soon as possible, the Employer shall advise such Lieutenants in advance
of the records needed and other requirements they must meet in order to permit such return. The
Employer must consider medical records and reports from legally qualified practitioners of the
healing arts acting within the scope of their licenses, including, but not limited to, chiropractors, in
its determination of whether a Lieutenant is fit to return to duty.
If the Employer requires and specifies certain additional medical tests to be performed and
passed as a condition of the Lieutenant's return, and said tests were not, and arc not normally,
performed in the normal course of appropriate medical treatment for the illness or injury involved,
then the Employer shall, at its option, either provide the test or reimburse the Lieutenant for the cost
of both the test and any required record thereof to the extent that such cost is not covered by
insurance.
The Employer shall not require a physician's certificate as a condition of return to duty
from medical leave lasting three (3) days or less, except for good cause.
Section 183 Advisory Committee
The Employer and Unit 156-Lieutenants shall establish a joint Committee to develop
solutions to problems of medical leave cost and abuse. The Committee shall be advisory only.
Section 18.6 Injuries on Duty and Recurrence Claims
The Employer and Unit 156-Lieutenants have agreed upon procedures which will be
followed by the Medical Services Section when a Lieutenant reports an injury on duty or a
recurrence of an injury on duty. Those procedures are set forth in Appendix K.
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Section 18.7 Employer Responsibility for Hospital, Medical and Prescription Costs
and Pension Contributions
The Employer agrees to pay all hospital, medical and prescription costs of a Lieutenant who
is on a leave of absence for duty or occupational disability purposes, all at no cost to the Lieutenant.
The Employer shall make pension contributions on behalf of the Lieutenant as if the Lieutenant had
remained in active service.
Section 18.8 Medical Benefit Statement
Upon the written request of a Lieutenant who is injured or who becomes ill in the
performance of his/her duties, the Employer will provide a written statement showing the period of
absence and the amount of salary received during the period of absence due to such injury or illness.
Upon the written request of a Lieutenant on a leave of absence for ordinary, occupational or duty
disability pension, the Employer will provide a statement covering the period of absence prior to
retirement and the amount of the disability benefit received by the Lieutenant during said period.
Any statements for any calendar year required of the Employer under this Section will be provided
only once.
ARTICLE 19
BEREAVEMENT LEAVE
Section 19.1 Death in Family
The Employer agrees to provide to Lieutenants leave without loss of pay, as the result of a
death in the family, not to exceed three (3) consecutive days (except for brother-in-law and sister-in-
law, which shall be for the day of the funeral only), including regularly scheduled days off, within the
fourteen (14) calendar days immediately following the death of a member of the immediate family.
Annual and time-due furlough will not be extended as a result of a death occurring in the
Lieutenant's immediate family during such furlough, unless the death occurs during the last three (3)
days of the furlough period, at which time the procedure outlined above will be followed.
Section 19.2 Definition of Family
A member of the immediate family shall be defined to be any Lieutenant's mother or father
(including step), wife, husband, domestic partner, daughter or son (including step or adopted), sister
or brother (including half or step), father-in-law, mother-in-law, daughter-in-law, son-in-law, sister-
in-law, brother-in-law, grandparent or grandchild.
In the event of the death of a domestic partner, the Lieutenant shall be granted three (3)
consecutive days of leave, including regularly scheduled days off, within the fourteen (14) calendar
days immediately following the death, provided that the Lieutenant has registered the name of the
Lieutenant's domestic partner with the Department of Personnel.
Domestic partners are defined as two (2) persons, regardless of their gender, who have a close
personal relationship, sharing the same regular and permanent residence for at least six (6) months,
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are eighteen (18) years of age or older, not married to anyone, not related by blood closer than would bar marriage in the State of Illinois and are each other's sole domestic partner, responsible for each other's common welfare and jointly sharing their financial responsibilities.
Section 19.3 Extended Bereavement Leave
Where a Lieutenant is entitled to bereavement leave pursuant to Section 19.1 and where the death occurs and the funeral is to be held out of Illinois and beyond the states contiguous thereto, the Lieutenant shall be entitled to a maximum of five (5) consecutive days. For purposes of this Section, those states contiguous to Illinois are Missouri, Iowa, Wisconsin, Indiana, Kentucky and Michigan.
ARTICLE 20
HOURS AND OVERTIME
Section 20.1 Work Day, Work Week and Work Period
All time in excess of the hours worked in the normal work day and the normal work week shall be compensated as provided in this Article. The normal work period shall be twenty-eight (28) days commencing on a Sunday.
Section 20.2 Compensation for Overtime
Overtime is defined as those hours actually worked in excess of the normal work day or the normal work week. All approved overtime in excess of the normal work day or the normal work week shall be compensated at the appropriate overtime rate of time-and-one-half. For hours in excess of the normal work day or the normal work week, but less than 171 for a twenty-eight- (28-) day work period, the overtime rate will be calculated on the Lieutenant's base salary only. For hours in excess of 171 in a twenty-eight- (28-) day period, the overtime rate will be calculated in accordance with the Fair Labor Standards Act (FLSA). Overtime will accrue in fifteen- (15-) minute increments once Lieutenants work at least eight (8) minutes in a fifteen- (15-) minute period.
A Lieutenant who earns overtime pursuant to the FLSA shall be paid overtime compensation. A Lieutenant who earns non-FLSA overtime shall have the option of electing pay or compensatory time consistent with the provisions of this Agreement.
Section 20.3 Call Back/Reporting on Regular Day Off
A call back is defined as an official assignment of work (including reporting to the Medical Services Section, but not for release from the medical roll) which does not continuously precede or continuously follow a Lieutenant's worked hours. Lieutenants who are called back or who are required to report to any location for work on a regular day off shall be compensated for two (2) hours at the appropriate overtime rate or for the actual time worked, whichever is greater, at the overtime rate.
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Section 20.4 Court Time
A. Lieutenants required to attend authorized court outside their regularly scheduled working hours shall be compensated at the overtime rate with a minimum of two (2) hours, except (1) if the court time is during a Lieutenant's elective time and the Lieutenant knew of the court date before the request for elective time was approved, (2) while the Lieutenant is on paid medical leave or (3) if the Lieutenant is compensated for such time by a secondary employer.
B. Lieutenants required to attend authorized court or authorized pre-trial conferences within one (1) hour immediately preceding their normal tours of duty will be compensated at the overtime rate for one (1) hour. Lieutenants required to attend authorized court or authorized pre-trial conferences commencing during their tours of duty and extending beyond the normal end of the tours of duty, or commencing at the same time as their tours of duty end, will be compensated at the overtime rate on the basis of completed fifteen- (15-) minute segments. This overtime will be computed from the end of the normal tour of duty to the sign-out time at the court or at the conclusion of the pre-trial conference.
C. Court appearances during off-duty hours, with the exceptions as noted above, will be credited at the rate of time-and-one-half with a minimum of two (2) hours when the actual time spent in court is two (2) hours or less. When the actual time spent in court exceeds two (2) hours, overtime will be computed on the basis of completed fifteen- (15-) minute segments. Appearances at more than one (1) court on the same day will be computed at the rate of time-and-one-half in the following manner:
1. When the time between court appearances exceeds two (2) hours (sign-out time from the first court to sign-in time at the next court), a minimum of two (2) hours will be credited for each court appearance.
2. When the time between court appearances is two (2) hours or less, overtime will be computed on the basis of completed fifteen- (15-) minute segments for the total time between sign-in time at the first court and sign-out time at the last court. A minimum of two (2) hours will be credited when this total time is two (2) hours or less.
Section 20.5 Stand-By
Where the Employer requires a Lieutenant to remain on stand-by and available for work, and the Lieutenant is not able to come and go as the Lieutenant pleases, such time shall be paid as time worked.
Section 20.6 Day Off Changes
A. Days off assigned on "change day" shall remain unchanged for the duration of each twenty-eight- (28-) day police period, except for the following:
1. In-service training;
2. Elective training;
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3. Mandatory proficiency training;
4. Pre-service training for promotion; and
5. A situation where the Superintendent and the Mayor have determined in writing
that a serious emergency condition exists.
B. The Employer's right to assign Lieutenants for duty while on regular day-off status
is unrestricted and unchallenged, provided, however, that in each such event, the Employer will pay
the Lieutenant so assigned the premium time under Section 20.2.
C. Changes required to implement the provisions of Section 23.2 controlling
scheduled days off for Lieutenants going on or returning from furlough or changes made at the
request of Lieutenants shall not require premium compensation.
Section 20.7 Accumulation of Compensatory Time
The Employer will not restrict an accumulation of compensatory time subject to Section 20.2; the number of hours of compensatory time which a Lieutenant has on record shall not be the controlling factor in determining whether a Lieutenant will be allowed to take time due.
Section 20.8 Scheduled Back-to-Back Shifts
A. Scheduled Back-to-Back Shifts on Change Day
When a Lieutenant is scheduled to work the first watch on a change day after having
worked a tour of duty on the third watch on the preceding day, the Lieutenant shall receive
compensation as follows:
1. For four (4) hours worked, the Lieutenant will be credited with eight (8) hours of
regular pay.
2. For more than four (4) hours worked, the Lieutenant shall be credited at the rate of
time-and-one-half for hours worked over four (4) on the first watch in addition to
the eight (8) hours of regular pay up to a maximum of fourteen (14) hours for a full
tour of duty on the first watch.
Such compensation will not apply if the back-to-back tour of duty on change day occurs
as a result of the Lieutenant's request.
B. Back-to-Back Shifts
Provided that the on duty Assistant. Deputy Superintendent [or such other person(s) as may be designated by the Department] has been notified, and the Lieutenant is required to work two (2) back-to-back shifts, the second shift being a full tour of duty as a Watch Commander in District Law Enforcement, the Lieutenant will be credited with two (2) hours' compensation in addition to earned overtime.
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C. "Back-to-Back"
For purposes of this Section, back-to-back shifts mean two (2) consecutive, but
different, tours of duty that may overlap by two (2) hours. Back-to-back does not include an
extension of a tour of duty, which is a continuation of duties from the prior tour of duty.
Section 20.9 Rank Credit
Effective July 1, 2004, the Employer will credit each Lieutenant with forty-five (45) minutes
per day of compensatory time. Said forty-five (45) minutes per day will be credited for each day on
which a Lieutenant works, provided the Lieutenant works at least four (4) hours that day.
Section 20.10 Duty Availability Allowance
A. Effective July 1, 2012 and thereafter, all eligible Lieutenants shall be paid
quarterly payments of $805.00 as duty availability pay.
B. Entitlement to duty availability pay is not dependent on a Lieutenant being
present for duty for an entire pay period.
C. In accordance with applicable law, the Employer shall treat duty availability
allowance payments as pensionable.
Section 20.11 Change of Schedule
A. The Employer's right to assign Lieutenants at any time and at different times during
each twenty-eight- (28-) day police period remains unrestricted and unchallenged. Watch
assignments and designated starting times shall be established and posted at the beginning of
each police period and shall remain in effect for the duration of the twenty-eight- (28-) day
police period, except for the following:
1. In-service training;
2. Elective training;
3. Mandatory proficiency training;
4. Pre-service training for promotion;
5. Court appearances in excess of two (2) consecutive days; and
6. A situation where the Superintendent and the Mayor have determined in writing
that a serious emergency condition exists.
However, starting times may be adjusted by the Employer (1) plus or minus two (2) hours from the designated starting time or (2) for up to seven (7) hours within the Lieutenant's assigned watch for circumstances not known to the Employer forty-eight (48) hours prior to the
start of the police period.
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B. Any adjustment made inconsistent with the above provision, made after the start of
the twenty-eight- (28-) day period, will result in payment in accordance with Section 20.2 for the hours worked outside of the Lieutenant's tour of duty scheduled at the beginning of the twenty-eight-
(28-) day period. Shift changes during the police period made voluntarily at the request of the
Lieutenant and upon approval of the Employer shall not require additional compensation. There
shall be no pyramiding of overtime and/or premium pay; overtime and premium pay shall not be paid for the same hours worked.
C. This Section does not apply to Lieutenants who volunteer for duties which by their
very nature require changes in starting times, personnel working who are assigned to District
Tactical Teams, First and Eighteenth District Foot Patrol Units, Patrol Division Administration, the
Detail Unit, the Mounted Unit and the Special Functions Group, Internal Affairs Division, Bureau of
Staff Services, Summer Mobile Force and Organized Crime Division.
Section 20.12 Out of Area Detail
In the event the Department details a Management Lieutenant assigned to District Law Enforcement outside his District of assignment, the following procedure will be followed:
The table below identifies the Districts in Area North to which a Management
Lieutenant assigned to District Law Enforcement may be detailed without payment of
additional compensation to the Lieutenant:
District of Assignment May be detailed to any of the following:
011 014 015 019 025
014 011 015 020 025
015 011 014 016 025
016 015 017 024 025
017 016 019 020 024
019 011 014 020 024
020 016 017 019 024
024 016 017 019 020
025 011 014 015 017
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The table below identifies the Districts in Area Central to which a Management
Lieutenant assigned to District Law Enforcement may be detailed without payment of additional compensation to the Lieutenant:
District of Assignment May be detailed to any of the following:
001 002 003 012 018
002 001 003 008 012
003 001 002 008 009
008 002 003 009 010
009 002 003 010 018
010 008 009 012 018
012 001 008 010 018
018 001 009 010 012
The table below identifies the Districts in Area South to which a Management
Lieutenant assigned to District Law Enforcement may be detailed without payment of additional
compensation to the Lieutenant:
District of Assignment May be detailed to any of the following:
004 005 006 007 022
005 004 006 007 022
006 004 005 007 022
007 004 005 006 022
022 004 005 006 007
If a Management Lieutenant is detailed to a District other than one of the four
Districts listed next to his or her District of assignment in the table(s) above, the Lieutenant
shall be compensated at the rate of time-and-one-half in quarter hour increments for the
duration of the detail.
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When a premium pay opportunity within the meaning of this Section arises in the
District from which the detail is drawn, the most senior Lieutenant in that District shall be given
the first option to accept the detail and he or she shall be compensated at the rate of time-and-
one-half in quarter hour increments for the duration of the detail. If the Department determines a
Management Lieutenant is to be detailed to the Joint Operations Center, the Lieutenant may be
chosen from Area Central without payment of premium pay.
If the Employer details a Lieutenant in any manner contrary to the provisions of this
Section, the affected Lieutenant will be compensated at the rate of time-and-one-half in quarter
hour increments for the duration of the detail. This Section will not apply to details required by
major unforeseen events for which the Department has less than three days' notice, provided that
this exception shall not apply for more than five (5) calendar days.
This Section does not apply to Lieutenants assigned to the Community Policing Office,
Tactical Lieutenants or Lieutenants assigned as Foot Lieutenants in the 1st and 18th Districts.
ARTICLE 21 UNIFORMS
Section 21.1 Uniforms and Equipment Advisory Committee
One Lieutenant designated by Unit 156-Lieutenants shall be added to the Department's
Uniforms and Equipment Advisory Committee. The Committee's function will be to offer
recommendations relative to additions, deletions or modifications in the Department's Uniforms and
Personal Equipment Program. The recommendations will be channeled through the Research and
Development Division to the Department's Uniforms and Personal Equipment Policy Committee.
Any and all recommendations made by the Committee will be advisory only.
Section 21.2 Major Changes
The Department will apprise the Uniforms and Equipment Advisory Committee
whenever major changes to the Uniforms and Personal Equipment Program are anticipated.
Section 21.3 Uniform Allowance
A. Effective January 1, 2006, each Lieutenant shall receive a uniform allowance of
$1800.00 per year payable in three (3) installments of $600.00 on February 1, August 1 and
December 1 of 2006 and each calendar year thereafter.
B. Subject to available funding, during calendar year 2009 and each calendar year
thereafter, the Employer shall issue to each Lieutenant a voucher that shall be used to purchase
uniforms and personal equipment items which are identified by the Superintendent in
accordance with the Department's Uniforms and Personal Equipment Program and which are not currently possessed by the Lieutenant.
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Section 21.4 Uniform Change or Modification
The Employer shall pay for the first issue of any change in, or modification of, the
prescribed uniform announced and effective after January 1, 1998. Changes in the prescribed
uniform required as a result of promotion to or from the position of Lieutenant shall not be subject to
payment by the Employer.
ARTICLE 22
INDEMNIFICATION
Section 22.1 Employer Responsibility
The Employer shall be responsible for, hold Lieutenants harmless from and pay for
damages or monies which may be adjudged, assessed or otherwise levied against any Lieutenant
covered by this Agreement, subject to the conditions set forth in Section 22.4.
Section 22.2 Legal Representation
Lieutenants shall have legal representation by the Employer in any civil cause of action
brought against a Lieutenant resulting from, or arising out of, the performance of duties.
Section 22.3 Cooperation
Lieutenants shall be required to cooperate with the Employer during the course of the
investigation, administration or litigation of any claim arising under this Article.
Section 22.4 Applicability
The Employer will provide the protections set forth in Sections 22.1 and 22.2 so long as the
Lieutenant is acting within the scope of his/her employment and where the Lieutenant cooperates,
as defined in Section 22.3, with the Employer in defense of the action or actions or claims.
Section 22.5 Expedited Arbitration
Grievances alleging a violation of Article 22 may be initiated at Step Three of the grievance
procedure. In arbitrations thereunder, unless the parties agree otherwise, the hearing shall commence
within thirty (30) days of the selection of the Arbitrator, and the Arbitrator shall issue his/her award,
in writing, within fifteen (15) days following the close of the hearing. The full written decision of the
Arbitrator may be issued within thirty (30) days of the close of the hearing.
ARTICLE 23
SENIORITY
Section 23.1 Definition and Application
A. Seniority shall be defined as a Lieutenant's continuous length of service in rank subject to Section 23.1(B).
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In the event two (2) or more Lieutenants have the same seniority date, the Lieutenant with the longest period of continuous service, as determined by referring to the Lieutenants' continuous service dates, shall receive the higher seniority status.
In the event two (2) or more Lieutenants have the same seniority and continuous service dates, the older Lieutenant, as determined by referring to the Lieutenants' dates of birth as
recorded on their employment applications, shall receive the higher seniority status.
B. Advancement within the salary and quarterly differential schedule shall be determined
by the Lieutenant's continuous service date. The continuous service date shall be the date of last
hire as a sworn member subject to the following:
1. For a Lieutenant who has resigned and who has been re-hired, the continuous service
date shall be determined by the continuous length of service from the date of last hire
as a sworn member without consideration of the Lieutenant's prior service, unless an application for re-employment was received within one (1) year of the Lieutenant's
resignation date, in which case the continuous service date will be adjusted to reflect
the time the Lieutenant was absent from the Department.
2. For Lieutenants taking a leave of absence, only the days absent in excess of thirty (30) days' leave from the Employer's service without pay (other than military,
duty disability, Family and Medical Leave Act leave or suspension) shall be
deducted in computing the continuous service date.
C. The seniority of a Lieutenant and the employment relationship shall be terminated in
the following circumstances:
1. Resignation;
2. Separation (discharge);
3. Retirement;
4. Unauthorized absence for four (4) consecutive working days without notice to the
Employer;
5. If laid off, failure to report fit for duty within thirty-one (31) days of the delivery of written notification of recall to the Lieutenant's last known address, which
notification shall be simultaneously provided to Unit 156-Lieutenants;
6. Failure to report fit for duty upon the termination of an authorized leave of absence; and
7. On a layoff list for five (5) years.
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Section 23.2 Furlough Scheduling
A Lieutenant shall select his/her furlough by rank and seniority within rank, within the
Unit of assignment, or, if detailed for twenty-eight (28) days or more prior to the date selection
begins, within the Unit of detail on the basis of seniority. Lieutenants may elect to take their full
furloughs or split the furloughs to which they are entitled into two (2) equal segments.
If the furlough is split, the first one-half of the furlough shall be determined in one process and
on the basis of seniority. After all Lieutenants have bid for their first choices, Lieutenants who have split their furloughs shall select the second one-half in one process and on the basis of seniority.
A full furlough will commence on the first day of a police period. A split furlough will
commence on either the first or the fifteenth day of a police period.
Lieutenants shall be allowed to take a compensatory time furlough by utilizing elective
time between regularly scheduled days off, subject to manpower requirements.
Furlough schedules may be adjusted to accommodate seasonal operations, significant revisions in organization, work assignments or the number of personnel in particular ranks.
The day off group of a Lieutenant on furlough (full or split) will not be changed during the
remainder of the week in which the Lieutenant is scheduled to return, unless a Lieutenant who is required to work on his/her scheduled day(s) off during that week is compensated by the payment of
premium benefits under Article 20 for all hours worked on his/her scheduled day off.
Lieutenants who elect to split their annual furloughs into two (2) segments or take full annual
furloughs will, if they so desire and at their option, be returned to the day off groups they were in at the time their furloughs or furlough segments were selected. Affected Lieutenants who desire to be
returned to the day off group they were in at the time they selected their furloughs will notify their
Unit Commanding Officers two (2) weeks prior to the beginning of the furlough segment if their day
off groups must be changed to match the original group. The change in day off group should take place on the Sunday preceding the first day of the furlough segment and return to the day off group
on the Sunday following the furlough extension.
Section 23.3 Seniority List
The Employer shall prepare a seniority list. The list shall be made available to Lieutenants
in each Unit. Unit 156-Lieutenants shall receive a copy of said list at least quarterly. In addition
to a seniority list, Unit 156-Lieutenants shall be provided a seniority list in alphabetical order at
least quarterly.
Section 23.4 Personal Day Selection
Any dispute within a Unit as to the selection of a personal day provided for in Section
11.3 shall be resolved by seniority.
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Section 23.5 Use of Elective Time
A. Authorized elective time used to extend a furlough shall receive first priority,
provided that a written request is submitted prior to the beginning of a furlough.
B. Authorized requests for other days off shall be in accordance with the following
priorities if written notice of the requested day off is given to the appropriate superior no later than
ten (10) days prior to the requested day off:
1. Personal days shall receive first priority;
2. Baby Furlough Days shall receive second priority;
3. Surplus vacation days shall receive third priority; and
4. Compensatory time shall receive fourth priority.
C. Any dispute within a Unit as to the selection of a day off shall first be decided by the
priority schedule in this Section. Any dispute within a Unit as to the selection of a day off within the
same priority schedule shall be resolved by seniority.
D. Requests for days off that are submitted less than ten (10) days from the requested day
off may only be authorized after all requests submitted ten (10) or more days prior to the requested
day have been authorized. Requests submitted less than ten (10) days from the requested day off shall
not be subject to this priority schedule or seniority.
Section 23.6 Canceled Days Off
When operational considerations require the cancellation of days off within the Bureau of
Patrol, the following procedure will apply:
The Employer will designate the rank, watch, Units and day off groups which will have days
off canceled. In those Units which have been designated to provide personnel, seniority will be the
dominant factor in the selection of Lieutenants required to work on their regular days off. The
Employer shall first seek volunteers on the basis of seniority from among those Lieutenants in said
Unit. If there are insufficient volunteers, the Employer shall select Lieutenants on the basis of
reverse seniority.
For the purpose of this Section, a Unit may be defined as a Bureau, Division, Area, District,
Section, group, watch or Tactical Unit, etc.
Section 23.7 Holiday Assignment
When operational considerations require that a Lieutenant of a Unit work on a holiday, as
defined in Section 11.1, the most senior Lieutenant will be given the option to work, provided that
the holiday is the Lieutenant's regular work day and watch.
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For the purpose of this Section, a Unit may be defined as a Bureau, Division, Area, District, Section, group, watch or Tactical Unit, etc.
ARTICLE 24
EDUCATIONAL REIMBURSEMENT
The Employer agrees to provide tuition reimbursement to Lieutenants for extra-
Department education subject to the following conditions:
A. To be eligible for reimbursement-
1. Each course taken must be job-related or necessary for an undergraduate or
graduate degree.
2. Proof of acceptance for a degree program must be presented upon request.
3. Each course taken towards a college or university degree must grant college level
credit.
4. Each course must be taken through an accredited college or university.
B. Lieutenants must file applications for reimbursement on the appropriate forms no later
than thirty (30) days after the beginning of the course of study.
C. Reimbursement will be granted on the following basis:
1. Grade "A" 100%
2. Grade "B" and any other grades classified by the school as passing 75%
D. Reimbursement may be denied if a Lieutenant's work performance is deemed
inadequate or if a Lieutenant has a record of sustained infractions of Department orders,
directives or procedures.
E. Reimbursement will not be granted to the extent-
1. Tuition costs are covered by the U.S. Department of Veteran's Affairs or other
funds; or
2. The program in which the Lieutenant is enrolled is reimbursable through a
federal grant-in-aid program for which the Lieutenant is eligible.
F. Reimbursement will be made for a maximum of two (2) courses per school term.
G. Reimbursement will be granted when a Lieutenant is required by the Superintendent
to attend an educational or training program.
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H. In the event a Lieutenant commences an undergraduate or graduate degree (including
a law degree) program after January 1, 1997 and obtains an undergraduate or graduate degree with the assistance of the tuition reimbursement program, and the Lieutenant, within one (1) year of
obtaining such degree, voluntarily resigns from the Department, all tuition costs [one hundred
percent (100%)] reimbursed to the Lieutenant by the Employer for obtaining such degree shall be
repaid to the Employer. If the Lieutenant voluntarily resigns after one (1) year, but less than two (2) years, after obtaining the degree, the Lieutenant shall repay one-half [fifty percent (50%)] of the
tuition reimbursement to the Employer. If the Lieutenant does not complete the degree program and
voluntarily resigns from the Department, the Lieutenant shall repay one hundred percent (100%) of
all tuition reimbursement received for any course completed within two (2) years of such resignation. Lieutenants receiving tuition reimbursement for such degrees shall, as a condition of receiving such
reimbursement, execute an appropriate form consistent with this paragraph. This provision shall not
apply to reimbursement under Article 24(G), nor shall this provision apply to Lieutenants who resign
from the Department for the purpose of accepting employment within another City of Chicago department.
ARTICLE 24A
EDUCATIONAL LEAVES
Lieutenants may be excused without loss of pay to attend a conference, a seminar, a
workshop or other function of a similar nature that is intended to (A) improve, maintain or upgrade the Lieutenant's certifications, skills and professional ability and (B) benefit the Department. If a
request is denied, the Lieutenant will be given a reason, in writing, for the denial.
ARTICLE 25
LIFE INSURANCE
The Employer agrees to provide a $75,000.00 life insurance benefit at no cost to each
Lieutenant and an AD&D benefit to be increased to $5000.00 effective July 1, 2003. Lieutenants
must complete a City of Chicago Group Term Life Insurance enrollment form set, including the employee beneficiary section of the form set, in order to qualify for coverage in the Basic Group
Term Life Plan. The failure of the Lieutenant to complete the enrollment form set will result in
termination of the Lieutenant's Basic Group Term Life Insurance coverage.
The Employer agrees to provide procedures for Lieutenants to purchase optional Group Term Life Insurance and Universal Life Insurance in addition to the Basic Group Term Life Insurance
coverage provided above at nominal additional cost to Lieutenants. Lieutenants will be permitted to purchase any amount of optional insurance coverage in $1000.00 multiples up to an amount equal to
their annual salaries rounded up to the next multiple of $1000.00. The optional Group Term Life
Insurance shall continue to be provided to Lieutenants at the Employer's then current cost.
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ARTICLE 25A
PHYSICAL FITNESS PROGRAM
Effective upon ratification, any newly promoted Lieutenant who was required to
participate in the physical fitness program set forth in Appendix 0 as a Sergeant shall continue
to participate in such program. All other Lieutenants may elect to participate in the physical
fitness program and may withdraw from the program at any time without sanction or
discipline.
ARTICLE 26
WAGES
Section 26.1 Salary Schedule
A. Effective July 1, 2012 and thereafter, Lieutenants shall receive the following
percentage increases in their base salaries set forth in Appendix N that became effective on January
1, 2012, subject to the provisions of subsection (B):
Effective Date Percentage Increase
July 1, 2012 2.00%
January 1, 2013 2.00%
January 1, 2014 2.00%
January 1, 2015 1.00 %
January 1, 2016 1.00%
B. During the term of this Agreement, should the bargaining unit of sworn police
officers currently represented by Lodge 7 of the F.O.P. or the Fire Captains currently represented by
Local 2 of the I.A.F.F., receive a percentage base wage increase or improvements in step schedules
(other than when a particular job function has been reclassified), the Employer shall grant Unit 156-
Lieutenants bargaining unit members increases equivalent to those granted to such other bargaining
unit(s) over the same time period.
C. During the term of this Agreement, should there be enacted into law legislation
pursuant to which Lieutenants covered by this Agreement are required to increase their contributions to
the Policemen's Annuity and Benefit Fund of the Illinois Pension Code (40 ILCS 5/5-101 et seq.) or
any successor pension fund in an amount above the amount of the current annual contribution of 9% of
salary, Unit 156-Lieutenants may reopen this Agreement solely on the issue of wages for the purpose
of renegotiating the base salary and percentage increases which shall be paid to Lieutenants. Unit 156-
Lieutenants shall have thirty (30) days from the date it receives notice that the contributions will
increase to notify the Employer, in writing, by certified mail, of its intent to reopen this Agreement.
The notice referred to shall be considered to have been given as of the date shown on the postmark.
Written notice may be tendered in person, in which case the date of notice shall be the
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written date of receipt. In the event this Agreement is reopened pursuant to this provision, the base
salary and percentage increases set forth in this Agreement will not be changed or reduced without
the written consent of Unit 156-Lieutenants. The Employer and Unit 156-Lieutenants shall have
ninety (90) days to renegotiate the base salaries and percentage increases set forth in this Agreement.
In the event the parties are unable to resolve the issue of base salaries and percentage increases
during the ninety (90)-day negotiation period, or within any mutually agreed to extension, the
dispute shall be submitted to the impasse resolution procedure set forth in Section 28.3(B).
Section 26.2 Quarterly Differential
Effective January 1, 1999 and subsequent years, the quarterly differential shall be increased by
the same percentage increase as the base salary and shall be paid in accordance with Appendix M.
Section 26.3 Work Out of Grade
Any Lieutenant in District Law Enforcement covered by this Agreement who is directed to
perform substantially all of the duties and assumes substantially all of the responsibilities of a Captain
(E-5) in District Law Enforcement for two (2) or more hours within a single tour of duty shall be paid
at the E-5 rate for the tour of duty. If a Lieutenant is required to work overtime while working out of
grade at the E-5 rate, the Lieutenant will be compensated at the E-5 rate for each hour worked and also
be compensated at the E-4 rate consistent with the provisions of Section 20.2.
Any Lieutenant covered by this Agreement who is directed to perform substantially all of the
duties and assumes substantially all of the responsibilities of a Commander (E-6) shall be paid at the
appropriate E-6 rate for the first eight (8) hours worked. If a Lieutenant is required to work overtime,
the Lieutenant will be compensated at the E-4 rate consistent with the provisions of Section 20.2.
Section 26.4 Payment of Wages
Except for delays caused by payroll changes, data processing or other breakdowns, or other
causes outside the Employer's control, the Employer shall continue its practice with regard to the
payment of wages, which generally is as follows: (1) payment of wages provided herein shall be
due and payable to a Lieutenant no later than the first and sixteenth day of each month; (2) holiday
premium pay shall be due and payable to the Lieutenant no later than the twenty-second day of the
month following the month in which the holiday premium was earned; and (3) other premium pay
shall be payable to the Lieutenant no later than the last day of the period following the period in
which the premium work was performed. The Employer shall not change pay days except after
notice to and, if requested by Unit 156-Lieutenants, negotiating with Unit 156-Lieutenants.
"Negotiating" for the purpose of this Section shall mean as it is defined in Section 8(d) of the
National Labor Relations Act.
Section 26.5 Payment of Time
A Lieutenant covered by this Agreement who resigns or dies shall be entitled to and shall be
paid for all unused compensatory time accumulated by said Lieutenant, including furlough time,
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Baby Furlough Days and personal days. A Lieutenant who is separated for cause shall be entitled to receive only unused compensatory time accumulated as a result of earned overtime for hours worked in excess of 171 per twenty-eight- (28-) day period.
Section 26.6 Compensatory Time Exchange
A Lieutenant may exchange (cash in) accumulated compensatory time not to exceed two hundred (200) hours each year of this Agreement at the Lieutenant's hourly rate at the time of payment. Application for such exchange shall be on a form provided by the Employer and at a time each year set by the Employer. In no event shall payment he made any later than March 1 of the year following application.
ARTICLE 27
RESIDENCY
All Lieutenants covered by this Agreement shall be actual residents of the City of Chicago.
ARTICLE 28
DURATION, ENFORCEMENT AND DISPUTE RESOLUTION
Section 28.1 Term of Agreement
This Agreement shall he effective from July 1, 2012 and shall remain in full force and effect until June 30, 2016. It shall continue in effect from year to year thereafter, unless notice of termination is given, in writing, by certified mail, by either party no earlier than February 1, 2016 and no later than March 1, 2016, The notices referred to shall be considered to have been given as of the date shown on the postmark. Written notice may be tendered in person, in which case the date of notice shall be the written date of receipt. It is mutually agreed that the Articles and Sections shall constitute the Agreement between the parties for the period defined in this Section.
Section 28.2 Continuing Effect
Notwithstanding any provision of this Article or Agreement to the contrary, this Agreement shall remain in full force and effect after any expiration date while negotiations or resolution of impasse procedures are continuing for a new agreement or part thereof between the parties.
Section 28.3 Impasse Resolution, Ratification and Enactment
A. If the parties reach a complete agreement as to the items for negotiation at the end of any negotiating period, the following procedure shall apply:
1. The agreement will first be presented to Unit 156-Lieutenants' membership with the recommendation of the Executive Board for ratification.
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2. Within ten (10) days after such ratification by Unit 156-Lieutenants' membership,
the agreement will be submitted to the City Council of the City of Chicago with
the Superintendent's and the Mayor's recommendation for ratification and
concurrent adoption in ordinance form pursuant to the City of Chicago's Home
Rule authority. The Employer and Unit 156-Lieutenants shall cooperate to secure
this legislative approval.
3. In the event the City Council should reject the recommended agreement, the parties
shall meet again within ten (10) days of the City Council's vote to discuss the reasons
for the City Council's rejection and to determine whether any modifications can be
made to deal with the problems, but either party may thereafter invoke arbitration in
accordance with Section 28.3(B) upon ten (10) days' written notice to the other party.
For purposes of this Article, rejection by the City Council means affirmative rejection
by a three-fifths (3/5) vote of the members of the City Council within thirty (30) days of the date
the agreement is submitted to it.
B. If a complete agreement is not reached between the parties as to the items for
negotiation at the end of any negotiating period, the following procedure shall apply:
1. In the event that disputed items cannot be resolved during the negotiation period,
all disputed items shall be referred to a three- (3-) person Dispute Resolution
Board, one (1) member to be selected by each of the parties and the third member
to be jointly agreed upon by the parties.
2. The Board shall be convened and shall be composed of the following three (3)
persons: one (1) appointed by the Employer, one (1) appointed by Unit 156-
Lieutenants and one (1) impartial member to be mutually selected and agreed upon by
the Employer and Unit 156-Lieutenants. If, after a period of five (5) days from the
date of the appointment of the two (2) representatives of the parties, the remaining
Board member has not been selected or otherwise agreed upon, then either
representative may request the American Arbitration Association, or its successor in
function, to furnish a list of seven (7) members of said service from which the
remaining Board member shall be selected. The American Arbitration Association
shall be advised that the eligibility criteria for names to be placed upon the list shall
include the following: membership in the National Academy of Arbitrators; at least
five (5) years' experience in labor relations dispute resolutions in either the private or public sector; U.S. citizenship; and a commitment by any such individual that, if appointed or selected, said individual agrees to comply with the time limits set
forth in subsection (B)(5). Upon mutual written agreement of the Employer and Unit 156-Lieutenants, the parties' right to appoint any Board members other than the impartial member may be mutually waived.
3. The list shall be immediately published, and the representative appointed by the
Employer shall, within five (5) days after publication of said list, eliminate three (3)
names from the list. Within two (2) days after such elimination, the representative
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appointed by Unit 156-Lieutenants shall eliminate three (3) names from the list. The remaining individual, plus the individual appointed by the Employer and the individual appointed by Unit 156-Lieutenants, shall compose the Board.
4. The member of the Board selected, pursuant to subsection (B)(3), shall act as
Chairman. He/she shall be an impartial, competent and reputable individual and shall
be administered and subscribe to the constitutional oath or affirmation of office. The
Employer and Unit 156-Lieutenants shall each pay one-half of the fees and expenses
of the impartial member.
5. The Chairman shall have the authority to convene and adjourn proceedings,
administer oaths, compel testimony and/or the production of documents and employ
such clerical or research assistance as in his/her judgment and discretion are deemed
warranted. He/she shall convene proceedings on the issues presented to the Board
within ten (10) days after his/her appointment and/or selection; the Board shall make
its determination within thirty (30) days after it has convened. The time limits set
forth herein may be extended only upon written mutual agreement of both the Board
member appointed by Unit 156-Lieutenants and the Board member appointed by the
Employer.
6. The Employer and Unit 156-Lieutenants shall attempt to agree upon a written
statement of the issue or issues to be presented to the Board. In lieu of, or in addition
to, such mutual statement of issues, each party may also present its own list or
statement of issues, provided only that any such issue not mutually agreed upon
shall have been an issue previously the subject of negotiations or presentation at
negotiations. During the course of proceedings, the Chairman shall have the
authority as necessary to maintain decorum and order and may direct (absent mutual
agreement) the order of procedure; the rules of evidence or procedure in any court
shall not apply or be binding. The actual proceedings shall not be open to the public,
and the parties understand and agree that the provisions of 5 ILCS 120/1 et seq. are
not applicable. If, in the opinion of the impartial member of the Board, it would be
appropriate to meet with either the Employer or Unit 156-Lieutenants for mediation
or conciliation functions, the Board may do so, provided only that notice of such
meetings shall be communicated to the other party.
7. The compensation, if any, of the representatives appointed by Unit 156-
Lieutenants shall be paid by Unit 156-Lieutenants. The compensation of the
representative appointed by the Employer shall be paid by the Employer.
8. The terms decided upon by the Board shall be included in an agreement to be
submitted to the City Council for adoption. The terms of this Agreement shall
continue to bind both parties hereto during all negotiations and impasse resolution
procedures.
9. If the City Council should reject the arbitrated agreement, the parties shall meet again within ten (10) days of the City Council's vote to discuss the reasons for the City
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Council's rejection and to determine whether any modifications can be made to deal with the problems, but either party may thereafter terminate this Agreement upon ten (10) days' written notice to the other.
10. There shall be no implementation of any provisions of a successor agreement without
City Council ratification and adoption in ordinance form of the agreement, except,
however, that the terms of this Agreement shall remain in full force and effect until a
successor agreement is adopted in ordinance form or this Agreement is terminated
pursuant to subsection (B)(9).
11. As permitted by 5 ILCS 315/14(p), the impasse resolution procedure set forth
herein shall govern in lieu of the statutory impasse resolution procedure provided
under 5 ILCS 315/14, except that the following portions of said 315/14 shall
nevertheless apply: subsections (h), (i), (k) and (m).
ARTICLE 29
BABY FURLOUGH DAYS
Section 29.1 Number of Baby Furlough Days
Lieutenants shall receive four (4) Baby Furlough Days (BFDs) [eight (8), eight and one-
half (8.5), or ten (10) hours for each BFD] for each calendar year, consistent with the Lieutenant's
applicable work schedule.
Section 29.2 Carryover of Baby Furlough Days
A Lieutenant's BFDs shall be granted pursuant to and in accordance with the provisions of this Agreement and with the Department's policy of granting elective time off, except, if a
Lieutenant elects not to use or is denied use of all his/her BFDs in a calendar year, the Lieutenant may, at the Lieutenant's option, carry over up to four (4) BFDs for use as days off in the next year.
Section 29.3 Compensation for Unused Baby Furlough Days
Any BFD not used in a calendar year shall be paid at eight hours per day to the eligible
Lieutenant in the following calendar year, except as provided for in Section 29.2. Payment shall
be based upon the salary schedule in effect at the time of payment. Payment shall be made by
April 1 for BFDs not used in the preceding calendar year.
ARTICLE 29A
FURLOUGHS
Section 29A.1 Annual Furlough
Furlough shall be granted to Lieutenants for each calendar year of this Agreement.
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Section 29A.2 Furlough Days
Effective January 1, 1999 and thereafter, Lieutenants shall receive twenty-five (25)
working days of furlough (vacation).
Section 29A.3 Furlough Selection
Furlough shall be selected in accordance with this Agreement subject to operational
needs, and approved individual furlough days may be taken by the requesting Lieutenant at the
discretion of the Department.
Section 29A.4 Furlough Extension
Consistent with operational needs and Department directives, furlough may be extended by the use of elective time at the request of a Lieutenant with the approval of the Department.
Section 29A.5 Unused Furlough
Except as provided herein, all furlough time not taken in the calendar year shall be forfeited, unless the Lieutenant was denied vacation by the Employer. If a Lieutenant requests through written
notice to the Employer before the first day of the twelfth police period to use remaining furlough
days and is denied use of those days by the Employer, the Lieutenant shall be allowed to be paid for
up to five (5) unused days at the rate of pay in effect at the time of payment. Payment shall be made by April 1 for furlough days not used in the preceding calendar year.
ARTICLE 30
LEAVES
Section 30.1 Personal Leave
Applications for personal leaves of absence shall be governed by the applicable provisions of
the City of Chicago Personnel Rules, provided that Unit 156-Lieutenants shall be promptly notified of all personal leaves of absence and extensions thereof taken by Lieutenants covered by this
Agreement, and provided that no benefit regarding personal leaves of absence now enjoyed shall be
diminished, modified or eliminated, unless otherwise provided for in this Agreement.
Section 30.2 Military Leave
Any Lieutenant who is a member of a reserve force or a national guard of the United States or of the State of Illinois and who is ordered by appropriate authorities to attend a training program or to
perform other duties under the supervision of the United States or the State of Illinois shall be granted
a paid leave of absence during the period of such activity not to exceed fourteen (14) calendar days in
any calendar year in the case of a member of a reserve force and not to exceed fifteen (15) calendar days in the case of a national guard. Lieutenants hired after January 1, 1997 shall deposit their military
pay with the City Comptroller for all days compensated by the Employer.
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Effective January 1, 2005, Lieutenants who are deployed for military service in excess of
fifteen (15) calendar days in a combat zone (as designated pursuant to the Executive Orders of
the President of the United States) shall not be required to reimburse the Employer the amount of
military pay they receive. The Employer will continue to make its pension contributions for such
Lieutenants.
Section 30.3 Family and Medical Leave Act
A. Lieutenants who have worked 1250 hours in the preceding twelve- (12-) month period
shall thereafter be entitled to a Family and Medical Leave Act ("FMLA") leave of twelve (12)
work weeks during any twelve (12) months for the following reasons:
1. For the birth of a Lieutenant's child and to care for the newborn child;
2. For the placement with the Lieutenant of a child for adoption or foster care;
3. To care for the Lieutenant's spouse, child or parent with a serious health condition; or
4. Due to a serious health condition affecting the Lieutenant.
B. Such leave shall be without pay, unless the Lieutenant elects to use accrued paid leave
for which the Lieutenant is eligible. Paid leave shall be concurrent with, and not in addition to,
FMLA leave. During any leave taken under this Article, the Lieutenant's health care coverage
shall be maintained as if the Lieutenant were working.
C. Seniority shall accrue during FMLA leave; the Employer shall continue to make its contribution, and the Lieutenant shall continue to make his/her health care contributions.
D. Any Lieutenant desiring to take leave under this Section shall provide reasonable
advance notice to the Employer on a form provided by the Employer, which form shall be approved
by Unit 156-Lieutenants. Reasonable advance notice shall not be less than ten (10) days; where
advance notice cannot be made, the Lieutenant shall provide notice within forty-eight (48) hours after the Lieutenant is able to do so. Failure to provide the notice provided for in this Section shall
not affect the validity of the leave if the Employer had actual notice. Lieutenants shall have the right
to return to their regular assignments and locations.
E. Except as specifically provided in this Agreement, the provisions of the FMLA,
including the rules and regulations and the policies and procedures of the Employer in effect as
of the date of this Agreement for FMLA leave, shall be applicable to FMLA leave.
ARTICLE 31
UNIT BENEFITS
Section 31.1 Information Exchange
A. The Department will provide Unit 156-Lieutenants with a copy of all General Orders, Department Special Orders, Department Notices, Bureau of Operational Services Special Orders and
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Patrol Division Special Orders and all facsimile messages relating to or amending the aforementioned.
B. The Department's daily compendium of news clippings and press releases prepared by News Affairs will be made available to Unit 156-Lieutenants through the inter-Department mail service.
C. The Department will provide Unit 156-Lieutenants with a copy of a quarterly
listing of Unit 156-Lieutenants indicating the name and current star number, Unit of assignment,
Unit of detail, payroll code, seniority and continuous service dates, home address, zip code and
telephone number of each listed Lieutenant.
D. The Department will provide Unit 156-Lieutenants with a copy of a monthly
listing of Lieutenants in Alpha and Unit Sequence.
E. The Department will provide Unit 156-Lieutenants with a copy of all Series A
and Series B Personnel Orders.
F. The Department will provide Unit 156-Lieutenants with a copy of the Sworn
Separation Report.
G. The Department will provide Unit 156-Lieutenants with copies of staffing
requests for new Department directives.
Section 31.2 Registration of Firearms
The Employer agrees not to charge or otherwise assess active Lieutenants any registration fees for firearms which are duty-related. While the Lieutenant is on active duty, the
Employer further agrees that such firearms need only be registered once.
Section 31.3 Lockers
The Employer will provide each Lieutenant with a Department locker at his/her Unit of
assignment or primary work location, subject to the rules and regulations of the Department with respect to such use. Lieutenants shall have a priority in locker assignments over
subordinate ranks. This Section may not be grieved beyond Step Two.
Section 31.4 Maintenance of Benefits
The Employer agrees that the following benefits enjoyed by Lieutenants covered by this Agreement will be maintained for the duration of the Agreement and shall not be diminished, modified or eliminated during the term of the Agreement, unless otherwise provided for in this
Agreement:
A. Rank credit;
B. Quarterly differential;
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C. Educational benefits;
D. Sickness in family time;
E. Change of uniforms at District;
F. Use of Department mailboxes where provided;
G. Use of gymnasium facilities during off-duty hours;
H. Physical examinations;
T. Furloughs and compensatory (baby) furloughs;
J. Marriage leave;
K. Utilization of compensatory time earned in partial tour or full tour segments
consistent with operational needs;
L. Life insurance rates, including the cost of optional insurance, and optional
disability insurance;
M. One-half hour lunch period during the tour of duty; and
N. Pension benefits as provided by statute.
Incumbent Lieutenants shall be given the opportunity to transfer to vacant District or
watch bid assignments prior to the promotion of new Lieutenants to fill such bid assignments.
Any obligation of the Employer to indemnify Lieutenants for punitive damages assessed,
adjudged or otherwise levied shall be based upon City of Chicago ordinances and/or state
statutes providing for such indemnification.
Section 31.5 Unit Benefits
Any current benefits described below, including increases and/or enhancements, during
the term of this Agreement relating to any of the following current benefits, including economic matters agreed to with Lodge 7 shall be applicable to Lieutenants covered by this Agreement:
A. Holidays
1. Holidays 2. Compensation 3. Personal Day
4. Special Compensation Time 5. Holiday Declaration
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B. Bereavement Leave
1. Death in Family 2. Definition of Family 3. Extended Bereavement
C. Hours and Overtime
1. Work Week/Work Period 2. Compensation for Overtime
3. Sixth and Seventh Day 4. Call Back/Reporting on Regular Day Off
5. Court Time
6. Stand-By 7. Day Off Changes
8. Accumulation of Compensatory Time
9. Back-to-Back Shifts
10. Duty Availability
D. Uniform Allowance
E. Indemnification
F. Educational Reimbursement
G. Life Insurance
H. Optical Coverage
I. Medical Provisions
1. Disability Income and Practices
J. Wages
1. Wages
2. Work Out of Grade
3. Payment of Wages
4. Payment of Time
K. Baby Furlough Days and Furlough Days
1. Number of BFDs 2. Carryover of BFDs 3. Compensation for Unused BFDs
4. Furlough Days
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L. Personal Leaves
1. Military Leaves
2. Family and Medical Leave Act
M. Maintenance of Benefits
ARTICLE 32
LIEUTENANT RANK
A. Watch Selection for District Law Enforcement
The following applies only to Lieutenants in District Law Enforcement:
1. In November of each year, Lieutenants may submit to their District Commander
watch bids indicating their preferences for watch assignments for the following
calendar year. Any compelling reasons for a particular choice should be included in
this report. Watches shall be awarded to the most senior (time in rank) bidder for
each watch, provided that no more than one (1) position per watch shall be filled by a
successful bidder. The remaining positions will be filled at the discretion of the
Employer. This Section does not apply to Lieutenants assigned to the Community
Policing Office, Tactical Lieutenants, Area Gang Lieutenants or Foot Lieutenants
from within the Central Control Group.
2. Vacancies for watch bid assignments occurring after the November bid process may
be temporarily filled at the Employer's discretion. A vacancy exists if a watch bid
Lieutenant is detailed to another watch, or as Tactical Lieutenant, or out of the
District, for more than ninety (90) days. Vacant watch bid assignments will be
subject to bidding by seniority from among Lieutenants within the affected District.
This process will take place during the third, sixth and ninth police periods of each
year if applicable. The successful bidders will be assigned effective the police period
following the bid.
B. District Law Enforcement Bidding Process
1. Each District will have three (3) bid assignments.
2. A District bid vacancy occurs as a result of any of the following: a detail out of the
District for more than ninety (90) days, transfer, resignation, retirement, discharge,
promotion or death.
3. The Employer will be required to recognize a District bid position in a District if that
District has any vacant District bid positions on the first day of the first, fourth,
seventh and tenth police periods. This recognized vacancy must be bid quarterly
during the first, fourth, seventh and tenth police periods.
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4. The Employer shall post said recognized biddable vacancies, if any, during the first, fourth, seventh and tenth police periods. Vacancies will be posted on the C.L.E.A.R.
Administrative Message Center and a copy of the posting shall be provided to Unit
156-Lieutenants. A Lieutenant may bid on up to three (3) recognized biddable
vacancies in order of preference in writing on a form to be supplied by the Employer. One (1) copy of the bid shall be presented to the Employer, one (1) copy shall be
forwarded to Unit 156-Lieutenants, and one (1) copy retained by the Lieutenant who
submitted the bid. The Lieutenant with the most time in rank submitting a bid shall
be awarded the recognized biddable vacancy. When there are no bidders, the Employer may fill the recognized vacancy within its discretion. A Lieutenant
assigned to a District bid position will be treated like any other successful bidder to a
District bid position. A successful bidder may not bid for another recognized
vacancy for one (1) year, unless reassigned by the Employer during that year. A successful bidder may not be reassigned for one (1) year, except (a) for emergencies
for the duration of the emergency, (b) for just cause or (c) where the Superintendent
determines that the Lieutenant's continued assignment would interfere with the
effective operation of the Unit.
5. If the Employer assigns or details a District bid Lieutenant to a District other than the
District of bid, the affected Lieutenant will be entitled to compensation at the rate of
time-and-one-half in quarter hour increments for the duration of the assignment, This
Section does not apply to Lieutenants assigned to the Community Policing Office,
Tactical Lieutenants or Lieutenants assigned as Foot Lieutenants within the Central
Control Group.
C. Unit Bidding Process
This Section applies only to bidding to the Public Transportation Section and
Traffic Section.
1. There is one (1) Unit bid position in each of the following: Public Transportation
Section and Traffic Section.
2. A Unit bid vacancy occurs as a result of any of the following: a detail out of the Unit
for more than ninety (90) days, transfer, resignation, retirement, discharge,
promotion or death. If and when the Employer decides to fill a recognized vacancy,
vacancies will be filled as follows: if the vacancy is a bid vacancy (i.e., the previous
incumbent held the position by bid), then the vacancy shall be filled by bid. If the
previous incumbent had been appointed at the discretion of the Employer, then the
vacancy shall be filled at the discretion of the Employer. Bid vacancies will be filled
prior to management vacancies being filled.
3. The Employer shall post said recognized biddable vacancies, if any, at least fourteen
(14) days before the start of the twenty-eight- (28-) day police period. A copy of the
posting shall be provided to Unit 156-Lieutenants. A Lieutenant may bid on up to
three (3) recognized biddable vacancies in order of preference in writing on a form to
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be supplied by the Employer. One (1) copy of the bid shall be presented to the
Employer, one (1) copy shall be forwarded to Unit 156-Lieutenants, and one (1) copy
retained by the Lieutenant who submitted the bid. The Lieutenant with the most time
in rank submitting a bid shall be awarded the recognized biddable vacancy. When
there are no bidders, the Employer may fill the recognized vacancy within its
discretion. A Lieutenant assigned to a Unit bid position will be treated like any other
successful bidder to a District bid position. A successful bidder may not bid for
another recognized vacancy for one (1) year, unless reassigned by the Employer
during that year. A successful bidder may not be reassigned for one (1) year, except
(a) for emergencies for the duration of the emergency, (b) for just cause or (c) where
the Superintendent determines that the Lieutenant's continued assignment would
interfere with the effective operation of the Unit. A successful bidder who is removed
from a Unit may not re-bid to the Unit for a period of one (1) year.
D. Bureau of Professional Standards Selection Process
1. The Employer shall post recognized vacancies in Lieutenant positions within the
Bureau of Professional Standards for a period of at least seven (7) business days.
The posting may be published either electronically or in print and shall identify
the required knowledge, skills and abilities for successful performance in the
position as established by the Employer.
2. To be considered for a posted vacancy, a Lieutenant shall submit an application,
resume or curriculum vitae and other required documentation to the designated
exempt Commanding Officer by the deadline established in the posting.
3. The Employer shall review the documentation submitted by each Lieutenant and
shall interview at least five (5) Lieutenants who satisfy the minimum qualifications
for successful performance in the position.
4. After the interviews are completed, the Employer shall evaluate the qualifications
of each candidate interviewed and shall offer the position to the most qualified
Lieutenant.
5. The Employer's offer to the Lieutenant is subject to any internal and external
review procedures applicable to such selection processes.
E. Professional Development and Training Committee
1. Upon the ratification of this Agreement, the parties agree to form a joint
Professional Development and Training Committee to study, discuss and develop
recommendations to increase the number and type of professional development
and training opportunities available to Lieutenants to enhance their qualifications
for promotions within the Department.
2. The membership of the Committee shall be limited to five (5) members appointed by the Employer, five (5) members appointed by Unit 156-Lieutenants and any
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appropriate resource personnel whose presence may be required on an occasional
basis.
3. In addition to other mutually agreeable subjects, the Committee shall study, discuss
and develop recommendations regarding the following issues:
a. Establishing a process for identifying and publishing professional
opportunities for Lieutenants within the Department.
b. Developing a protocol for effectively communicating the qualifications
established by the Employer for such opportunities, including, but not
limited to, specialized knowledge, skills, abilities and training; bachelor's or
master's degrees; time-in-rank requirements; and other eligibility criteria.
c. Improving application procedures to guide Lieutenants in the submission of
applications, resumes and curriculum vitae in response to a published
opportunity.
d. Identifying educational and training programs for Lieutenants to enhance
their knowledge, skills and abilities as required for promotion.
e. Exploring alternative means to diversify a Lieutenant's professional
experience within the Department [e.g., a rotating ninety- (90-) day detail
program within Patrol Division Administration].
4. The Committee shall submit its initial recommendations to the Office of the
Superintendent and the President of Unit 156-Lieutenants no later than July 1, 2010.
If the Committee's recommendations are acceptable to the Employer and Unit 156-
Lieutenants, the parties agree to implement them during the term of this Agreement.
F. Alternative Work Schedules
During the term of this Agreement, if the Employer implements a new work schedule, the
positions that are eligible for bidding under this Article shall not be changed, unless such positions
are incompatible with the new work schedule. If such positions are incompatible with the new work
schedule, the Employer shall notify Unit 156-Lieutenants of such incompatibility prior to
implementing the new work schedule and shall meet with Unit 156-Lieutenants upon request to
negotiate how the conflict may be resolved. Any negotiations between the parties pursuant to this
Section shall not prevent the Employer from implementing the new work schedule.
G. Management Transfers Within District Law Enforcement
Prior to transferring a Lieutenant from a management position in one District to a
management position in another District, the Chief of Patrol shall request volunteers for the transfer
from within the District identified by him/her as the appropriate District for requesting volunteers and
shall consider any volunteers for the transfer before selecting the Lieutenant to be transferred.
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Prior to the assignment of newly-promoted Lieutenants, the Employer will post the number of management positions in District Law Enforcement equal to, but not greater than,
seventy-five percent (75%) of the total complement of newly-promoted Lieutenants. Incumbent Lieutenants shall be eligible to request up to three (3) management positions, which shall be granted on the basis of seniority provided the Lieutenant possesses the present ability to perform
the duties of the position. In the event the most senior incumbent Lieutenant submitting such a request is a Unit Bid Lieutenant, that Lieutenant shall surrender his or her Unit Bid position as a precondition to becoming the management Lieutenant in the District in which the management
position exists. Article 20, Sections 20.7, 20.12 and 20.13 shall not apply to transfers implemented under this subsection.
ARTICLE 33
COMPLETE AGREEMENT
The parties acknowledge that, during the negotiations which preceded this Agreement, each
had the unlimited right and opportunity to make demands and proposals with respect to any subject
or matter not removed by law from the area of collective bargaining. The understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this
Agreement. Except as may be stated in this Agreement, each party voluntarily and unqualifiedly
waives the right and each agrees that the other shall not be obligated to bargain collectively with
respect to any subject or matter referred to or covered in this Agreement or with respect to any subject or matter not specifically referred to or covered in this Agreement, even though such subjects
or matters may not have been within the knowledge or contemplation of either or both of the parties
at the time they negotiated and signed this Agreement.
ARTICLE 34
SAVINGS CLAUSE
If any provisions of this Agreement or any application thereof should be rendered or declared unlawful, invalid or unenforceable by virtue of any judicial action, or by any existing or subsequently
enacted federal or state legislation or by Executive Order or the order of any other competent
authority, the remaining provisions of this Agreement shall remain in full force and effect. In such event, upon the request of either party, the parties shall meet promptly and negotiate with respect to
substitute provisions for those provisions rendered or declared unlawful, invalid or unenforceable.
5 9
Michael Ryan, President
6 0
Garry F. McCarthy
Superintendent of Police
competent authority, the remaining provisions of this Agreement shall remain in full force and
effect. In such event, upon the request of either party, the parties shall meet promptly and
negotiate with respect to substitute provisions for those provisions rendered or declared unlawful,
invalid or unenforceable.
In witness whereof, the parties hereto affix their signatures this day of ____________ 2014.
For the City of Chicago, an
Illinois Municipal Corporation
Rahm Emanuel, Mayor
For the Policemen's Benevolent &
Protective Association of Illinois,
Unit 156-Lieutenants
1073492. I
APPENDIX A
LIEUTENANTS
CONFIDENTIAL POSITIONS:
Within the Management and Labor Affairs Section, one Lieutenant position. Within the
Superintendent's Office of Legal Affairs, one Lieutenant position. Within the Executive Staff of the
Deputy Superintendent in charge of the Bureau of Operational Services, two Lieutenant positions.
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APPENDIX B
NOTICE TO SUPERVISORS REGARDING
PROGRESSIVE DISCIPLINE
Supervisors, including Commanders, retain the flexibility, authority and discretion where
circumstances warrant to issue reprimands to offending officers for infractions. Second or even
repeated infractions of minor rules may, but do not always, require increased punishment
(particularly including a loss of time or income) when a reprimand will suffice to achieve the goal of
correcting improper behavior.
There is some belief that a progressive system of discipline requires enhanced penalties no
matter how insignificant the infraction. This is not correct.
You are permitted and urged to use your judgment in determining the appropriate level of
discipline. Officers in this Department are a valuable resource which should not be wasted or unduly
restricted.
Garry F. McCarthy
Superintendent of Police
Chicago Police Department
Acknowledged:
Michael Ryan
President
Unit 156-Lieutenants
Date:
1073492.1
APPENDIX C
EXPEDITED ARBITRATION RULES
1. All just cause discipline cases brought under Article 8 of the Agreement which challenge
disciplinary action involving a thirty (30) day suspension or less and/or grievances alleging
violations of the seniority provisions in Article 20 or 23 or any other mutually agreed upon
Article will he heard under this expedited procedure, unless designated by either party for a
hearing under the full arbitration hearing procedure.
Whenever discipline cases are processed pursuant to these Expedited Arbitration Rules, the
parties shall initially submit the cases to a Summary Opinion Process, and the Arbitrator
designated by the parties for the process shall issue a Summary Opinion for each case
submitted. The Summary Opinion shall not be binding on the Department, Unit 156-
Lieutenants or the Lieutenants involved.
2. Cases subject to the expedited procedure will be heard in as close to chronological order as
possible, according to the date filed. Exceptions will be made only in order to facilitate the
use of non-employee witnesses.
3. Cases currently scheduled for arbitration may be subject to this expedited procedure, subject
to agreement of the parties.
4. Five (5) or six (6) Arbitrators constituting an expedited panel will be selected from the
existing panel. The expedited panel will be reviewed every six (6) months, at which time
substitutions may be made. In making substitutions, an Arbitrator may be removed at the
request of either party, but any substitute must be agreed upon.
5. In scheduling hearings, the Arbitrator on the panel will be required to schedule a block of
two (2) or three (3) consecutive hearing days. The parties will attempt to rotate the
scheduling equitably among all Arbitrators on the expedited panel, subject to their
availability.
6. The parties will attempt to schedule at least two (2) hearings per day before the Arbitrator.
Any case not completed at the end of the particular block of hearing days will be the first
case heard by the same Arbitrator on his/her next scheduled date.
7. Arbitrators will receive all grievance documents and relevant documents from the Complaint
Register file at least one (1) week prior to the hearing at the discretion of the Arbitrator.
8. Arbitrators will be permitted to issue subpoenas in accordance with applicable law.
Subpoenas shall not be used for purposes of delay.
9. The expenses of witnesses for either side shall be paid by the party producing such witnesses.
10. Hearings will be scheduled alternately at Employer and Unit 156-Lieutenants designated
locations.
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11. Each party will represent itself at the hearing and may designate any representative who
is not an attorney.
12. The hearings shall be informal. The Arbitrator shall assist the parties in ensuring that
there is a complete record.
13. The Arbitrator may require witnesses to testify under oath.
14. There shall be no stenographic record of the proceedings.
15. The rules of evidence normally followed in arbitration proceedings shall apply. The
Arbitrator shall be the sole judge of the relevance and materiality of the evidence offered.
16, The parties will not file post-hearing briefs. The parties may argue orally on the record and
may present relevant authorities to the Arbitrator at the hearing, except that any decisions
rendered in the expedited proceedings under these rules may not be cited to the Arbitrator.
17. The Arbitrator will issue a short written decision no later than sixty (60) days after the completion of the last day of any scheduled block of hearings. His/her decision shall be based upon the record developed by the parties before and at the hearing, shall include a brief written explanation of the basis for his/her conclusion and shall include reference to the evidence considered and the role that evidence played in reaching his/her decision.
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APPENDIX D DENTAL PLAN
The Employer shall make dental coverage available to Lieutenants covered under this Agreement and their eligible dependents. The cost of this coverage will be borne by the Employer, subject to applicable Lieutenant co-insurance, deductibles and co-payments. Lieutenants will have the option to choose between the Indemnity Plan or the PPO Plan. Under the Indemnity Plan, a participant can use the dentist of his/her choice for services. The PPO Plan requires a member to select a participating network dentist. All family members must use the same PPO dentist for their dental services. Orthodontia is available only in the PPO Plan. A list of current PPO dentists is available at the Benefits Management Office.
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APPENDIX E
NETWORK CHANGES
No change, modification or alteration in the composition of the hospital network in effect at
the time this Agreement is executed shall be made, except in compliance with the following:
1. Unit 156-Lieutenants shall be notified in writing of the intent to change at least ninety
(90) days prior to the proposed change where circumstances are within the
Employer's control. In all other cases, the Employer will provide the maximum
notice as is practicable under the circumstances.
2. The notice referred to shall, at the time the notice is given, provide sufficient
information to explain the contemplated action and shall include, at a minimum, but
shall not be limited to, the following:
a. The affected institutions.
b. The precise reasons the action is being contemplated.
c. The number of covered participants (employees and/or dependents) receiving
in-patient service from such affected facility at the time the notice is given.
d. The number of covered participants (employees and/or dependents)
receiving in-patient service from such affected facility during the preceding
twelve (12) months.
3. The Employer shall meet within seven (7) calendar days of a request from Unit 156-
Lieutenants to discuss the proposed change, shall provide all additional relevant
information which is reasonably available and shall be responsible for such notices
to participants as may be reasonably demanded by Unit 156-Lieutenants. In the
event the parties are unable to resolve a dispute within seven (7) calendar days of
the first meeting or such other time as may be mutually agreed upon, the dispute
shall be submitted to arbitration pursuant to Section 9A.2, Step Three, within ten
(10) days, and both parties shall cooperate to expedite the proceedings.
No change, modification or alteration covered by this Appendix shall be made or permitted
for arbitrary or discriminatory reasons nor shall any change, modification or alteration result in the
unavailability of quality health care services in a specific geographic area.
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APPENDIX F
IN-NETWORK/OUT-OF-NETWORK CARE
In-network co-insurance benefits shall be paid to eligible participants for the following
out-of-network care or services:
I. Emergencies defined as the sudden and unexpected onset of a medical condition with
such severe symptoms that the absence of immediate medical attention could
result in serious and permanent medical consequences.
2. Care ordered by a physician which, after review by the utilization review vendor, is
as follows:
a. Medically necessary; and
b. Only available at an out-of-network hospital, or the proposed treatment is
performed so infrequently in the network that direction to an out-of-network hospital is medically appropriate; or
c. Available at a network hospital to which the patient cannot be safely transported (only until such time as the patient can be safely transferred to the network facility, arrangements for which should be initiated once the treatment plan has begun), provided the cost of the transfer shall be paid by the plan; or
d. Care rendered beyond a fifty- (50-) mile radius (from any network
hospital) where a participant is domiciled or stationed.
This information is also contained in the Employee Benefit Handbook.
6 7
1073492.1
APPENDIX G
HEALTH CARE CONTRIBUTIONS FOR ACTIVE LIEUTENANTS
Effective July 1, 2006, active Lieutenants covered by this Agreement will contribute the following percentages of their base salaries from the appropriate salary schedule in Appendix N
towards the cost of their health care:
Single Coverage: 1.2921%
Employee +1: 1.9854%
Family Coverage: 2.4765%
For example, contributions at selected salary levels per pay period will be as follows:
ANNUAL SALARY
SINGLE
1.2921%
EMPLOYEE +1
1.9854%
FAMILY
2.4765%
$15,000.00 $8.08 $12.41 $15.48
$20,000.00 $10.77 $16.55 $20.64
$30,000.00 $16.15 $24.82 $30.96
$40,000.00 $21.54 $33.09 $41.28
$50,000.00 $26.92 $41.36 $51.59
$60,000.00 $32.30 $49.64 $61.91
$70,000.00 $37.69 $57.91 $72.23
$80,000.00 $43.07 $66.18 $82.55
$90,000.00+ $48.45 $74.45 $92.87
6 8
1073492.1
APPENDIX H
PRESCRIPTION DRUGS
The following are the co-payments and effective dates for the lesser of a thirty (30) day
supply or one hundred (100) units of the following prescription drugs:
Type Effective January 1, 2003 Effective July 1, 2006
Generic Tier 1 $10.00 $10.00
Formulary Tier 2 $20.00 $30.00
Non-Formulary Tier 3 $10.00 $45.00
Brand with Generic Equivalent $35.00 Generic Co-Payment
Plus Cost Difference
Between Brand and
Generic
Effective July 1, 2006, co-payments for prescriptions obtained through the mail order
plan for all health care plans are as follows:
1. Generic Tier 1: $20.00 [per prescription with a ninety (90) day supply]
2. Brand Formulary Tier 2: $60.00
3. Brand Non-Formulary Tier 3: Not Available
4. Brand with Generic Equivalent: Generic Co-Payment Plus Cost Difference
Between Brand and Generic
6 9
1073492.1
APPENDIX I
CHEMICAL DEPENDENCY AND MENTAL HEALTH
CO-INSURANCE AND LIMITS
Courses of treatment for in-patient chemical dependency and mental health shall include
the continuum of care used to treat a particular diagnosis. A new course of treatment will be
considered when there is a thirty (30) day or longer period of time with no treatment or clinical
supervision provided.
PPO In-Patient Care Co-Insurance: Employer Employee
In-Network 90% 10%
Out-of-Network 60% 40%
PPO Out-Patient Care:
80% of $100.00 Maximum Covered Expenses Per Session
Limit of 7 Sessions Covered If Treatment Is Not Certified
Maximum Covered Expenses Per Year: $5000.00
HMO Co-Payments for Mental Health or Substance Abuse Care:
Effective January 1, 2006: $15.00 Co-Payment
Effective January 1, 2007: $20.00 Co-Payment
HMO Service Limitations:
In-Patient Care: Maximum of 30 Days Per Year
Out-Patient Care: Maximum of 30 Visits Per Year
It is understood that the first in-network treatment remains subject to the out-of-pocket
maximum. All chemical dependency and mental health treatment, including out-patient, may be
subject to utilization review and is subject to the following maximums: $37,500.00 annual
individual/$250,000.00 individual lifetime/$500,000.00 family. The maximum lifetime benefit
provisions of the plan still shall apply.
All chemical dependency and mental health treatment is subject to review by the utilization review vendor. Additionally, to be considered under the chemical dependency and mental health benefit structure, a claim for benefits must include a primary DSM-III-R (Diagnostic and Statistical Manual of Mental Disorders-Third Edition-Revised) diagnosis (or a diagnosis under a subsequent revision).
7 0
1073492.1
APPENDIX HIGH RISK PREGNANCY SCREENING PROGRAM
In order to reduce the risk of a premature birth and the attendant health risks to the
mother and child and to avoid the costs associated with the same, the Employer offers a high
risk pregnancy screening program. The program is part of the medical advisor program.
Under the program, a pregnant employee, spouse or dependent is encouraged to notify
the medical advisor during the first trimester of pregnancy. During the telephone interview, the
nurse reviewers will collect information on the health status of the prospective mother and her
medical history and conduct a health risk assessment to determine if she meets the criteria for a
high risk pregnancy.
If the prospective mother does not meet the criteria, the medical advisor will offer
educational materials on pregnancy and advise her that a medical advisor will be following up with a
call in her second trimester of pregnancy. Further, the medical advisor will advise her that a medical
advisor is available if she has any questions about her pregnancy. Subsequent follow-up will depend
on the course of the pregnancy. As delivery approaches, the medical advisor will advise her about
expected lengths of stay postpartum.
If the prospective mother meets the criteria for a high risk pregnancy, the medical advisor will contact her physician to discuss the risk factors and identify what steps, if any, are appropriate to reduce the risk of early delivery. A designee of the medical advisor will follow the case as appropriate. If home health or other services available under the plan are necessary, the medical
advisor will approve the care plan and negotiate discounts for approved services. A designee of the medical advisor will be available as a resource to both the prospective mother and her physician.
71
1073492.1
APPENDIX K PROCEDURES FOR INJURY ON DUTY AND RECURRENCE CLAIMS
A Lieutenant who has been certified as injured on duty shall be provided the current Medical Services Section referral list of available physicians who are members in good standing of the
Workers' Choice Network or its successor and who are qualified to render appropriate medical care for the injury claimed in accordance with the parties' letter of understanding executed on July 29, 2009 and
captioned "Medical Services Section Physician Referral List." The Lieutenant will select a physician
from the list provided by the Medical Services Section for evaluation and/or treatment. The Medical
Services Section will refer the Lieutenant to the physician selected by the Lieutenant.
A Lieutenant may only claim a recurrence of a certified injury on duty if that injury on duty
occurred less than ten (10) years from the date of the recurrence claim, unless the Lieutenant's injury
on duty required surgery or medical treatment beyond any initial emergency room treatment for the injury on duty. A Lieutenant who is able to claim a recurrence of an injury on duty under Appendix
K will have his/her claim evaluated by the Medical Services Section. If the Medical Services Section
finds the condition complained of is not a recurrence of an injury on duty, the Medical Services
Section will provide the Lieutenant with the current Medical Services Section referral list described above. The Lieutenant will select a physician from the list provided by the Medical Services Section.
The Medical Services Section will refer the Lieutenant to the physician selected by the Lieutenant
for a relatedness opinion.
Should the Lieutenant or the Medical Services Section not agree with the medical finding of
the referral physician, either party may seek another opinion. The Lieutenant will select another physician from the current Medical Services Section referral list of physicians described above. The
Medical Services Section will refer the Lieutenant to the physician selected by the Lieutenant.
Should that physician's opinion agree with the finding of the first referral physician, it will be
binding on both the Lieutenant and the Employer. Should that medical opinion disagree with the first opinion, the parties may accept the second opinion or seek a third opinion. The process for obtaining
a third opinion shall follow the same procedure for the selection of the second opinion. The finding
of the third physician agreeing with either of the previous opinions shall be binding on both the
Lieutenant and the Employer.
7 2
1073492.1
APPENDIX L SUBROGATION LANGUAGE FOR CITY OF CHICAGO
In the event the plan (the "Plan") provides benefits for injury, illness, medical care or other loss (the "Injury") to any person, the Plan is subrogated to all present and future rights of recovery
that person, his/her parents, heirs, guardians, executors or other representatives (individually and collectively called the "Participant") may have arising out of the Injury. The Plan's subrogation
rights include, without limitation, all rights of recovery a Participant has (1) against any person,
insurance company or other entity that is in any way responsible for providing or does provide
damages, compensation, indemnification or benefits for the Injury; (2) under any law or policy of insurance or accident benefit plan providing No Fault, Personal Injury Protection or financial
responsibility insurance; (3) under uninsured or underinsured motorist insurance; (4) under motor
vehicle medical reimbursement insurance; and (5) under specific risk or group accident and health
coverage or insurance, including, without limitation, premises or homeowners medical reimbursement, athletic team, school or worker's compensation coverages or insurance.
Upon notice of an Injury claim, the Plan may assert a subrogation lien to the extent it has
provided, or may be required to provide, Injury-related benefits. Notice of either the Plan's right of subrogation or the Plan's subrogation lien is sufficient to establish the Plan's rights of
subrogation and entitlement to reimbursement from insurers, third parties or other persons or
entities against which a Participant may have an Injury-related right of recovery. The Plan shall
be entitled to intervene in or institute legal action when necessary to protect its subrogation or reimbursement rights.
The Participant and anyone acting on his/her behalf shall promptly provide the Plan or its
authorized agents with information it deems appropriate to protect its right of subrogation and shall do nothing to prejudice that right and shall cooperate fully with the Plan in the enforcement of its
subrogation rights. Reasonable attorney's fees and costs of the Participant's attorney shall be paid
first from any recovery by or on behalf of a Participant and the amount of the Plan's subrogation
claim shall be paid next from such recovery. Neither a Participant nor his/her attorney or other representative is authorized to accept subrogation or other Injury-related reimbursement payments
on behalf of the Plan, to negotiate or compromise the Plan's subrogation claim or to release any right
of recovery prior to the payment of the Plan's subrogation claim.
The Participant and all other parties to a recovery are required to contact the Plan to determine and arrange to pay the Plan's subrogation claim at or prior to the time an Injury-related payment or settlement is made to or for the benefit of the Participant. If the Participant obtains a
payment or settlement from a party without the Plan's knowledge and agreement, the Plan shall be
entitled to immediate reimbursement of its total subrogation claim from the Participant or any party
providing any Injury-related payment. In the alternative, the Plan, in its sole discretion, may deny payment of benefits to or on behalf of the Participant for any otherwise covered claim incurred by the
Participant until the amount of the unpaid coverage is equal to and offset by the unrecovered amount
of the Plan's subrogation claim.
The Plan Administrator or its authorized agents are vested with full and final discretionary authority to construe subrogation and other Plan terms and to reduce or compromise the amount of
7 3
I 073492. I
the Plan's recoverable interest where, in the sole discretion of the Plan Administrator or its authorized agents, circumstances warrant such action. The Plan shall not be responsible for any litigation-related expenses or attorney fees incurred by or on behalf of a Participant in connection with an Injury claim, unless the Plan shall have specifically agreed, in writing, to pay such expenses
or fees.
The payment of benefits to or on behalf of the Participant is contingent on both the
Participant's full compliance with the Plan's provisions, including the subrogation provision, and
when the Plan deems appropriate, the Participant's signing of a reimbursement agreement. However,
the Participant's failure to sign this reimbursement agreement will not affect the Plan's subrogation
rights or its right to assert a lien against any source of possible recovery and to collect the amount of its subrogation claim.
74
1073492.1
APPENDIX M QUARTERLY DIFFERENTIAL FOR LIEUTENANTS (E-4)
QUARTERLY DIFFERENTIAL FOR LI EUTENANTS (E-4)
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10
Effective
Date
Payment First 12
Months
After 12
Months
After 18
Months
After 30
Months
After 42
Months
After 54
Months
After 10
Years
After 15
Years
After 20
Years
After 25
Years
Daily $ 9.61 $ 11.81 $ 12.68 $ 12.92 $ 12.46 $ 13.98 $ 15.76 $ 17.39 $ 19.35 $ 22.15
Monthly $ 288.38 $ 354.34 $ 380.43 $ 387.59 $ 373.85 $ 419.47 $ 472.70 $ 521.63 $ 580.43 $ 664.46
Quarterly $ 865.14 $ 1,063.01 $ 1,141.30 $1,162.76 $ 1,121.55 $ 1,258.41 $1,418.09 $ 1,564.89 $1,741.30 $ 1,993.37
7/1/2012
(2.00%)
Annually $ 3,460.56 $ 4,252.04 $ 4,565.20 $4,651.04 $4,486.20 $ 5,033.64 $5,672.36 $6,259.56 $6,965.20 $ 7,973.48
Daily $ 9.80 $ 12.05 $ 12.93 $ 13.18 $ 13.84 $ 14.26 $ 16.07 $ 17.74 $ 19.73 $ 22.59
Monthly $ 294.15 $ 361.42 $ 388.04 $ 395.34 $ 415.33 $ 427.86 $ 482.15 $ 532.06 $ 592.04 $ 677.74
Quarterly $ 882.44 $ 1,084.27 $ 1,164.12 $1,186.01 $ 1,245.98 $ 1,283.58 $1,446.45 $ 1,596.19 $1,776.13 $ 2,033.23
1/1/2013
(2.00%)
Annually $ 3,529.75 $ 4,337.09 $ 4,656.49 $4,744.05 I $ 4,983.92 $ 5,134.30 $5,785.79 $ 6,384.75 $7,104.52 $ 8,132.93
Daily $ 10.00 $ 12.29 $ 13.19 $ 13.44 $ 14.12 $ 14.55 $ 16.39 $ 18.09 $ 20.13 $ 23.04
Monthly $ 300.03 $ 368.65 $ 395.80 $ 403.24 $ 423.63 $ 436.42 $ 491.79 $ 542.70 $ 603.88 $ 691.30
Quarterly $ 900.09 $ 1,105.96 $ 1,187.40 $1,209.73 $ 1,270.90 $ 1,309.25 $1,475.38 $ 1,628.11 $1,811.65 $ 2,073.90
1/1/2014
(2.00%)
Annually $ 3,600.35 $ 4,423.83 $ 4,749.62 $4,838.93 $ 5,083.60 $ 5,236.99 $5,901.51 $ 6,512.44 $7,246.61 $ 8,295.59
Daily $ 10.10 $ 12.41 $ 13.33 $ 13.58 $ 14.26 $ 14.69 $ 16.56 $ 18.27 $ 20.33 $ 23.27
Monthly $ 303.03 $ 372.34 $ 399.76 $ 407.28 $ 427.87 $ 440.78 $ 496.71 $ 548.13 $ 609.92 $ 698.21
Quarterly $ 909.09 $ 1,117.02 $ 1,199.28 $1,221.83 $ 1,283.61 $ 1,322.34 $1,490.13 $ 1,644.39 $1,829.77 $ 2,094.64
1/1/2015
(1.00%)
Annually $ 3,636.35 $ 4,468.07 $ 4,797.11 $4,887.32 $ 5,134.44 $ 5,289.36 $5,960.52 $6,577.57 $7,319.08 $ 8,378.54
Daily $ 10.20 $ 12.54 $ 13.46 $ 13.71 $ 14.40 $ 14.84 $ 16.72 $ 18.45 $ 20.53 $ 23.51
Monthly $ 306.06 $ 376.06 $ 403.76 $ 411.35 $ 432.15 $ 445.19 $ 501.68 $ 553.61 $ 616.02 $ 705.19
Quarterly $ 918.18 $ 1,128.1.9 $ 1,211.27 $1,234.05 $ 1,296.44 $ 1,335.56 $1,505.03 $1,660.84 $1,848.07 $ 2,115.58
1/1/2016
(1.00%)
Annually $ 3,672.72 $ 4,512.75 $ 4,845.09 $4,936.19 $ 5,185.78 $ 5,342.25 $6,020.13 $ 6,643.34 $7,392.27 $ 8,462.33
7 5
1073492.1
Quarterly Differential for Lieutenants on Step 11 Prior to January 1, 2006
Step 11 was eliminated from the salary schedule effective January 1, 2006, and no Lieutenants have advanced to Step 11
following December 31, 2005. Sergeants on Step 11 prior to January 1, 2006 shall, however, continue to receive the following
quarterly differential:
STEP 11
Effective
Date
Payment After 30 Years
(Prior to 1/1/2006)
Daily $ 24.33
7/1/2012 Monthly $ 729.98
(2.00%) Quarterly S 2,189.94
Annually $ 8,759.76
Daily $ 24.82
1/1/2013 Monthly $ 744.58
(2.00%) Quarterly $ 2,233.74
Annually $ 8,934.96
Daily $ 25.32
1/1/2014 Monthly $ 759.47
(2.00%) Quarterly $ 2,278.42
Annually $ 9,113.66
Daily $ 25.57
1/1/2015 Monthly $ 767.07
(1.00%) Quarterly $ 2,301.20
Annually $ 9,204.80
Daily $ 25.82
1/1/2016 Monthly $ 774.74
(1.00%) Quarterly $ 2,324.21
Annually $ 9,296.85
76
1073492.
APPENDIX N
SALARY SCHEDULE FOR LIEUTENANTS (E-4)
S SCHEDULE E
January 1, 2012
ENTRANCE
RATE
MAXIMUM RATE
RED CIRCLERATE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 1
CLASS GRADE
FIRST 12 MONTHS
AFTER 12 MONTHS
AFTER 18 MONTHS
AFTER 30 MONTHS
AFTER 42 MONTHS
AFTER 54 MONTHS
AFTER 10 YRS
OF SERVICE
AFTER 15 YRS
OF SERVICE
AFTER 20 YRS
OF SERVICE
AFTER 25 YRS OF SERVICE
30 YRS SBEFO1/1/2
4 4 ANNUAL 80,406 84,378 88,536 92,994 97,602 102,552 105,648 108,900 112,206 115,644 118,56
MONTHLY 6,700.50 7,031.50 7,378.00 7,749.50 8,133.50 8,546.00 8,804.00 9,075.00 9,350.50 9,637.00 9,880.0
SCHEDULE E
-
July 1, 201
ENTRANCE
RATE
MAXIMUM RATE
RED
CIRCL
RATE
STEP I STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 1
FIRST 12
MONTHS
AFTER 12
MONTHS
AFTER 18
MONTHS
AFTER 30
MONTHS
AFTER 42
MONTHS
AFTER 54
MONTHS
AFTER
10 YRS
OF
SERVICE
AFTER
15 YRS
OF
SERVICE
AFTER
20 YRS
OF
SERVICE
AFTER 25 YRS OF
SERVICE
30 YRS S
BEFO
1/1/2
4 ANNUAL 82,014 86,064 90,306 94,854 99,552 104,604 107,760 111,078 114,450 117,954 120,93
MONTHLY 6,834.50 7,17100 7,525.50 7.90430 8,296.00 8,717.00 8.980.00 915630 9,537..50 9,82930 10,077.5
7 7
1073492.
SCHEDULE E ,
January 1, 2013
ENTRANCE
RATE
MAXIMU
M RATE
RED CIRCLE
RATE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11
CLASS GRADE
FIRST 12 MONTHS
AFTER 12 MONTHS
AFTER 18 MONTHS
AFTER 30 MONTHS
AFTER 42 MONTHS
AFTER 54 MONTHS
AFTER 10 YRS
OF SERVICE
AFTER 15 YRS
OF SERVICE
AFTER 20 YRS
OF SERVICE
AFTER 25 YRS
OF SERVICE
30 YRS SVC
BEFORE 1/1/2006
ANNUAL 83,652 87,786 92,112 96,750 101,544 106,698 109,914 113,298 116,742 120,312 123,348
4 MONTHLY 6,971.00 7,315.50 7,676.00 8,062.50 8,462.00 8,891.50 9,159.50 9,441.50 9,728.50 10,026.00 10,279.00
SCHEDULE E January 1, 2014
ENTRANCE RATE
MAXIMU M RATE
RED CIRCLE
RATE
STEP I STEP 2• STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11
CLASS GRADE
FIRST 12 MONTHS
AFTER 12 MONTHS
AFTER 18 MONTHS
AFTER 30 MONTHS
AFTER 42 MONTHS
AFTER 54 MONTHS
AFTER 10 YRS
OF SERVICE
AFTER 15 YRS
OF SERVICE
AFTER 20 YRS
OF SERVICE
AFTER 25 YRS
OF SERVICE
30 YRS SVC
BEFORE 1/1/2006
ANNUAL 85,326 89,544 93,954 98.688 103,572 108,834 112,110 115,566 119,076 122,718 125,814 4 MONTHLY 7,110.50 7,462,00 7,829.50 8,224.00 8,631.00 9,069.50 9,342.50 9.630.50 9,923.00 10,226.50 10.484.50
7 8
1073492.
JANUARY 2015
ENTRANCE RATE
MAXIMUM
RATE
RED CIRCLE RATE
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11
CLASS GRADE
FIRST 12 MONTHS
AFTER 12 MONTHS
AFTER 18
MONTHS
AFTER 30 MONTHS
AFTER 42
MONTHS
AFTER 54
MONTHS
AFTER 10 YRS OF
SERVICE
AFTER 15 YRS OF
SERVICE
AFTER 20 YRS OF
SERVICE
AFTER 25 YRS OF
SERVICE
30 YRS SVC
BEFORE 1/1/2006
4 ANNUAL 86,178 90,438 94,896 99,672 104,610 109,920 113,232 116,724 120,264 123,948 127,074
MONTHLY 7,181.50 7,536.50 7,908.00 8,306.00 8,717.50 9,160.00 9,436.00 9,727.00 10,022.00 10,329.00 10,589.50
January 1, 2016 I
SCHEDULE E
ENTRANCE
RATE
MAXIMUM RATE
RED CIRCLE
RATE
STEP 1 STEP 2 STEP 3 I STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 STEP 9 STEP 10 STEP 11
CLASS GRADE
FIRST 12 MONTHS
AFTER 12
MONTHS
AFTER 18
MONTHS
AFTER 30 MONTHS
AFTER 42
MONTHS
AFTER 54
MONTHS
AFTER 10 YRS OF
SERVICE
AFTER 15 YRS OF
SERVICE
AFTER 20 YRS OF
SERVICE
AFTER 25 YRS OF
SERVICE
AFTER 30 YRS OF
SERVICE BEFORE 1/1/2006
4 ANNUAL 87,042 91,344 95,844 100,668 105,654 111,018 114,366 117,894 121,464 125,190 128,346
MONTHLY
7,253.50 7,612.00 7,987.00 1 8,389.00 8,804.50 9,251.50 9,530.50 9,824.50 10,122.00 10,432.50 10,695.50
7 9
1073492.1
APPENDIX O CHICAGO POLICE DEPARTMENT PHYSICAL FITNESS PROGRAM
A. The purpose of the Chicago Police Department Physical Fitness Program is to establish a physical fitness standard for all Department members to ensure that their physical endurance, strength and conditioning are commensurate with the responsibilities and expectations of sworn members of the Department and to increase such members' overall health and quality of life.
B. All participating Lieutenants shall undergo an annual physical fitness assessment that evaluates aerobic capacity and cardiovascular endurance, strength, flexibility, body mass index, resting blood pressure, resting heart rate and other appropriate indicators of physical fitness. Each Lieutenant's physical fitness shall be measured on an individualized basis consistent with the standards established by the Illinois Law Enforcement Training and Standards Board's Peace Officer Wellness Evaluation Report ("POWER") Test and principles commonly employed by the medical establishment to evaluate an individual's overall health. All such standards shall be adjusted to account for a Lieutenant's age, sex or other relevant and appropriate factors, subject to the approval of Unit 156-Lieutenants.
8 0
1073492.1
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CHICAGO AND THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS, UNIT I 56A-SERGEANTS, UNIT I 56B-LIEUTENANTS AND UNIT I56C-CAPTAINS,
REGARDING DRUG AND ALCOHOL TESTING
A. The Department's existing policies and orders regarding random drug testing shall be
revised to include the following components:
1. Testing for the presence of alcohol while on duty.
a. Officers selected for random drug testing shall also be tested for alcohol.
b. Upon notification to submit to random testing, Officers shall continue to
report to the Random Drug Testing Unit.
c. The Department may use urine specimens to test for the presence of both drugs specified in this agreement and alcohol. The Department may also
test for alcohol using a breath alcohol test administered by a qualified
tester using a certified and calibrated Breathalyzer.
d. The initial and confirmatory test levels for a positive presence of alcohol shall be a breath alcohol level of .021 or its urine concentration equivalent, unless a different standard is required by paragraph (e) below.
e. If the test reveals a breath alcohol level of .021 through .039 or their urine concentration equivalents, the Officer shall be relieved from duty without
compensation until the next duty day and shall submit to drug and alcohol
testing prior to his/her return to duty. If the return-to-duty test reveals an
alcohol level of .00, the Officer may return to duty and shall not be subject to discipline based on the initial test result; however, during the six-(6-) month
period following the date of the initial test, the Officer will be selected for
random drug and alcohol testing from an eligibility pool consisting of
similarly situated Officers. If the return-to-duty test or any test administered within the six-(6) month period described above reveals any presence of
alcohol, the Officer shall be relieved from duty without compensation until
ordered to return to duty, and the Random Drug Testing Unit will refer the
matter to the Internal Affairs Division.
8 1
1073492.1
If the test reveals a breath alcohol level equal to or greater than .04 or its
urine concentration equivalent, the Officer shall be relieved from duty
without compensation until ordered to return to duty, and the Random Drug
Testing Unit will refer the matter to the Internal Affairs Division. In the
event discipline is recommended, the Internal Affairs Division shall consider
whether to agree to hold the discipline in abeyance in exchange for the
Officer's agreement to participate in a rehabilitation program, remain drug
and alcohol free for a defined period and comply with other appropriate
terms and conditions (i.e., a "last chance" agreement).
An Officer who is relieved from duty without compensation in accordance
with this subsection may utilize accrued elective time during the unpaid
period of absence.
f. The above changes shall be implemented effective January 1, 2009 or
thereafter.
2. Bidders and/or applicants for assignments in the Organized Crime Division, Bomb
and Arson Unit, Evidence and Recovered Property Unit, Marine Unit or Mounted
Unit shall be required to submit to a drug and alcohol test prior to appointment.
Thereafter, all Officers assigned to such specialized divisions or Units shall be
selected for random drug and alcohol testing from an eligibility pool consisting
solely of Officers assigned to such specialized divisions or Units.
B. The procedures applicable to drug testing conducted by the Department, regardless of
whether the basis for the testing is random, for cause or any other basis, shall be amended to include
the following:
1. Ecstasy (MDA/MDMA) and anabolic steroids shall be added to the panel of
substances for which the Department tests, and Methaqualone shall be removed
from such panel. The current panel shall thus be modified as follows:
SUBSTANCE INITIAL TEST LEVEL
(ng/mL)
CONFIRMATORY TEST LEVEL
(ng/mL)
Anabolic Steroids Any Presence Any Presence
Amphetamines 1000 500
Barbiturates 300 200
Benzodiazepines 300 200
Cocaine Metabolites 300 150
Marijuana Metabolites 50 15
MDA/MDMA 250 200
Methadone 300 200
8 2
1073492.1
SUBSTANCE INITIAL TEST LEVEL
(ng/mL)
CONFIRMATORY TEST LEVEL
(ng/mL)
Opiates 2000 2000
Phencyclidine 25 25
Propoxyphene 300 200
2. During the term of this Agreement, the Department may add or remove additional substances to or from the panel referred to above when it has reasonable grounds for such addition or removal (such as when new drugs are developed or changes occur in
patterns of consumption of dangerous or illegal drugs), provided that it shall provide Unit 156 with thirty (30) days' advance written notice and, upon request, meet with Unit 156 to negotiate the addition or removal of a substance to or from the panel. If
the parties are unable to agree on the addition or removal of a substance from the panel, the dispute shall be resolved through the binding grievance and arbitration procedure set forth in Article 9. The sole issue before the Arbitrator shall be whether
the Department has a reasonable basis for adding or removing the substance to or from the panel and for the initial and confirmatory test levels.
3. If a test reveals a positive presence of a substance on the above panel or the abuse
of prescription drugs, the Random Drug Testing Unit will continue to refer the
matter to the Internal Affairs Division.
C. Effective upon ratification, in any instance where an Officer discharges his/her
weapon, whether on or off duty, the Officer shall submit to drug and alcohol testing at the
direction of the Internal Affairs Division or any superior authority. If the Officer has discharged
his/her weapon off duty and the test reveals the presence of alcohol, the Department shall not
discipline the Officer based solely on the results of the alcohol test when the Officer's actions are
consistent with the Department's use of force guidelines.
D. The Department's existing policies and orders regarding drug and alcohol use shall be
amended to state that an Officer is prohibited from consuming alcohol within the four- (4-) hour period preceding the start of a previously scheduled shift or after receiving notice to report for duty.
James C. Franczek, Jr. On Behalf of the City of Chicago
Marvin Gittler On Behalf of Unit 156A-Sergeants On Behalf of Unit 156B-Lieutenants On Behalf of Unit 156C-Captains
Dated: ________________________________Dated: __________________
8 3
81
MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF CHICAGO AND THE
POLICEMEN'S BENEVOLENT & PROTECTIVE ASSOCIATION OF ILLINOIS, UNIT 156A-SERGEANTS, UNIT 156B-LIEUTENANTS AND UNIT 156C-CAPTAINS
REGARDING RETIREE HEALTH CARE BENEFITS
The parties agree that the health care benefit provided to officers who retire on or after age
sixty (60) pursuant to Article 12 of the parties' collective bargaining agreement effective July 1,
2012 through June 30, 2016 ("the Agreement") shall be extended to officers who retire on or after
age fifty-five (55), subject to the following terms and conditions:
A. Health Care Benefits Upon Retirement
1. Officers Who Retire on or After Age Sixty (60)
Officers who retire on or after age sixty (60) shall continue to receive the health care benefit set forth in Article 12 of the Agreement, but shall have their final compensation paid in accordance with Section (B).
2. Officers Who Retire on or After Age Fifty-Five (55) and Before Age Sixty
(60)
Officers who retire on or after age fifty-five (55) and before age sixty (60) shall be eligible
for the health care benefit set forth in Article 12 of the Agreement, provided that they file for
retirement in accordance with the following schedule:
For calendar year 2012 and 2013, the schedule shall be a filing deadline of October 1 with
effective dates of retirement of November 1 through December 31 of the year in which the filing
for retirement occurs.
Notwithstanding the following provisions applicable to retirements in 2014 and thereafter,
eligible Lieutenants who provide written notice of retirement between February 1 and February 21, 2014, with an effective date of retirement at least fourteen (14) days after the notice of retirement and no later than March 31, 2014, may participate in this benefit without being required
to contribute any portion of their annuity. Effective calendar year 2014, the effective date of retirement shall be July 1 through December 31, provided the officer files for retirement no later than May 31, 2014. Effective for calendar year 2015 and each year thereafter, the effective date of
retirement shall be between May 1 through December 31, provided the officer files for retirement at least thirty (30) days prior to the effective date of retirement. Effective for retirements occurring on or after the date of ratification of this Agreement, officers
who retire on or after age fifty-five (55) and before age sixty (60) and who elect to participate in this benefit shall contribute two percent (2%) of their annuity then being received pursuant to the provisions of the Policemen's Annuity and Benefit Fund Act of the Illinois Pension Code (40 ILCS
5/5-101 et seq.). Such officers shall continue to contribute this percentage contribution for as long as they receive the health care benefit set forth in Article 12 of this Agreement.
82
B. Payment of Final Compensation Upon Retirement
1. Legally Required Final Compensation
Upon retirement, the Employer shall pay to each eligible officer or his/her estate if necessary any compensation owed to such officer in the form of wages earned, unused compensatory time granted pursuant to the federal Fair Labor Standards Act ("FLSA"), unused elective time provided by the Agreement (e.g., furlough days, Baby Furlough Days and personal days) and any other final compensation that may be legally owed to such officer. Any wage increases that are implemented during the term of the Agreement and that are effective prior to the officer's date of retirement shall be applied retroactively to his/her legally required final compensation paid pursuant to this subsection.
2. Non-FLSA Compensatory Time
Upon retirement, the Employer shall calculate the value of each officer's accumulated non-FLSA compensatory time (if any) based on the officer's rate of pay in effect at the time of retirement. As part of the officer's legally required final compensation, the Employer will then pay to the officer or his/her estate the value of his/her non-FLSA compensatory time up to yet not exceeding $20,000.00. Any wage increases that are implemented during the term of the Agreement and that are effective prior to the officer's date of retirement shall be applied retroactively to his/her legally required final compensation paid pursuant to this subsection.
On or before March 1 of the first calendar year following the date of the officer's retirement, the Employer shall pay to the officer or his/her estate the value of his/her remaining non-FLSA compensatory time up to yet not exceeding $15,000.00. If a remainder exists, the Employer shall also pay to the officer or his/her estate one-third of the value of the remainder.
On or before March 1 of the second calendar year following the date of the officer's retirement, the Employer shall pay to the officer or his/her estate the value of his/her remaining non-FLSA compensatory time up to yet not exceeding $15,000.00. If a remainder exists, the Employer shall also pay to the officer or his/her estate one-half of the value of the remainder.
On or before March 1 of the third calendar year following the date of the officer's retirement, the Employer shall pay to the officer or his/her estate the value of any and all remaining non-FLSA compensatory time.
8 3
C. Term of Memorandum of Understanding
The terms and conditions of this memorandum of understanding shall be subject to
renegotiation by the parties beginning on or after June 30, 2016 as part of the collective bargaining
negotiations for a successor collective bargaining agreement.
James C. Franczek, Jr.
On Behalf of the City of Chicago On Behalf of Unit 156B- Lieutenants
Dated: Dated: _______________________
84
Michael Ryan President PB&PA Unit 156B. Lieutenants
Re: Section 20.13
The following will set forth our understandings with respect to Section 20.13 — Out of Area Details.
During our negotiations, both the Union and the Department expressed their concerns and goals with respect to details. The Union emphasized the inconvenience and disruption such details may pose for Lieutenants. The Department emphasized the operational need to be able to detail Lieutenants when circumstances require. The changes to Section 20.13 have been agreed to in the spirit of accommodating and furthering the parties' respective goals and concerns.
The parties acknowledge that the Department retains the sole and exclusive authority to determine which District(s) shall supply the Lieutenant(s) for the detail. Once the Department has identified the District(s) which will supply the Lieutenant(s) for the detail, if the additional compensation provisions of Section 20.13 apply (e.g., District 011 is designated to provide a Lieutenant for detail to District 016), and provided the Department has more than twenty-four (24) hours' notice of the need for the detail, the Department shall select from among the Lieutenants (both Bid and Management) assigned to that District scheduled to work on the same day and watch for which the detail is needed, and the most senior of the Lieutenants shall have first option to accept the detail. "First option", in this context, means that the Department will attempt to contact the senior Lieutenant at the telephone number provided by the Lieutenant. If a message is left at the telephone number provided by the Lieutenant, the Department shall wait one (1) hour before contacting the next Lieutenant in that District. If the senior Lieutenant is not available, does not answer the telephone, etc., regardless of the reason, the Department is under no obligation to postpone contacting the next most senior Lieutenant. If the junior Lieutenant accepts the detail, the selection process is regarded as complete and the Department is under no obligation to select the more senior Lieutenant if he or she subsequently contacts the Department and expresses a willingness to accept the detail. In addition, the Department is not obligated to postpone making its selection. For example, if the Department has two weeks advance notice of the need for a detail that would trigger the additional compensation provisions of Section 20.13, it may initiate the selection process at any time.
The parties discussed the definition of "major unforeseen event." The parties agree that the definition is not limited to "emergencies" but encompasses events for which the Department may have had advance notice but which assume a character
85
AGRE
Michael Ryan
that was not anticipated. Among the examples discussed by the parties was the instance of a scheduled rally or protest march which attracts a significantly greater number of participants than the Department had anticipated, requiring marshaling of a larger response than had been planned by the Department.
The parties further discussed the proper application of Section 20.13 to Lieutenants assigned as the Community Policing Lieutenant. It is understood that a Management Lieutenant assigned as the Community Policing Lieutenant may be detailed according to Section 20.13 even if the detail is not for the purpose of performing Community Policing functions. In order for a Lieutenant assigned to the Community Policing Office to be exempt from the premium pay provisions of Section 20.13 under circumstances where premium compensation would otherwise be due, the detail in question must be for a CAPS-related function, such as a festival, parade, or similar event. If, however, the Lieutenant is detailed to function as a Field Lieutenant or Watch Operations Lieutenant and not for a CAPS-related event or purpose, then the proviso that Section 20.13 does not apply shall not be applicable with respect to that detail. Lieutenants will not be designated as Community Policing Lieutenants for the purpose of avoiding the premium pay provisions of Section 20.13.
Very truly yours,
Donald J. O'Neill
1073492.1 89
•FRANCZEK RADELET Attorneys and Counselors
300 South Wacker Drive 1 Suite 3400 Chicago, IL 60606 Phone
312.986.0300 Fax 312.986.9192 JAMES C. FRANCZEK, JR.
312.786.6110
jcf@franczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd.
200 West Jackson Boulevard, Suite 1900
Chicago, Illinois 60606
Re: Lieutenant's Right To Edit and Correct Statements Made During Disciplinary Investigations
Dear Mr. Gittler:
This letter confirms the parties' discussions during negotiations regarding a Lieutenant's
right to edit and correct copies of statements made during disciplinary investigations after they are
distributed pursuant to Sections 6.1(J) and 6.2(D) of the Agreement. Specifically, the parties agree that the amendments to Sections 6.1 and 6.2 regarding the method of recording statements
do not modify the current policy or practice governing the editing and correcting of statements.
Moreover, in light of the parties' agreement to allow statements to be recorded audio
electronically, the parties recognize that this policy or practice may need to be modified to accommodate the new method of recording and that such modifications will only become
effective upon the written consent of Unit 156-Lieutenants.
This letter is subject to the grievance and arbitration procedure established in Article 9 of
this Agreement.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
1073492.1 90
FRANCZEK RADELET Attorneys and Counselors
300 South Wacker Drive Suite 3400 Chicago, EL 60606
Phone 312.986.0300 I Fax 312.986.9192 franczek.com
JAMES C. FRANCZEK, JR. 312.786.6110
jcf@franczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd.
200 West Jackson Boulevard, Suite 1900
Chicago, Illinois 60606
Re: Implementation of CLEAR Grievance Management System
Dear Mr. Gittler:
This letter confirms the City's representations during negotiations with respect to Section 9.2
of the Agreement and the forthcoming implementation of the Citizen and Law Enforcement Analysis
and Reporting System ("CLEAR") grievance management system. Specifically, the parties agree that the Department will not implement the CLEAR grievance management system until Unit 156-
Lieutenants has been provided the opportunity to review the system and submit recommendations to
the Department regarding such system. The current grievance and arbitration procedure will remain
in effect until the obligations set forth in this letter are satisfied and until Unit 156-Lieutenants has the technological capability to access CLEAR remotely from its office.
This letter is subject to the grievance and arbitration procedure established in Article 9 of this Agreement.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
1073192.1
91
FRANCZEK RADELET Attorneys and Counselors
300 South Wacker Drive Suite 3400 Chicago, IL 60606
Phone 312.986.0300 ; Fax 312.986.9192 franczekcom
JAMES C. FRANCZEK, JR.
312.786.6110 jcf@franczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd.
200 West Jackson Boulevard, Suite 1900
Chicago, Illinois 60606
Re: Expansion of Flexible Spending Account ("FSA") Plan To Include Dependent Care Benefit
Dear Mr. Gittler:
This letter confirms the City's representations during negotiations with respect to Article 12
of the Agreement and the anticipated expansion of the Flexible Spending Account ("FSA") plan to
cover qualified unreimbursed dependent care benefits. The Chicago Labor-Management Trust—of
which Unit 156-Lieutenants has committed to becoming a signatory member—formally adopted this
initiative as a project directive during the Board of Trustees meeting on May 9, 2008 and is currently
researching and developing recommendations regarding such initiative. Consequently, the inclusion
of any such benefit in the Agreement would be premature. The City reiterates, however, its firm
commitment to pursue this initiative through the Trust and anticipates that this benefit may soon be
available to employees. In the event that this benefit is not implemented as contemplated, the City
agrees to meet with Unit 156-Lieutenants upon request to evaluate the alternatives that may be
available.
This letter is subject to the grievance and arbitration procedure established in Article 9 of
this Agreement.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
1073492.1 92
FRANCZEK RA.DELET Attorneys and Counselors
300 South Wacker Drive Suite 3400 Chicago, IL 60606
Phone 312.986,0300 Fax 312.986.9192 franczek.com JAMES C. FRANCZEK, JR.
312.786.6110
jcf@franczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd.
200 West Jackson Boulevard, Suite 1900
Chicago, Illinois 60606
Re: Implementation of CLEAR Bidding System
Dear Mr. Gittler:
This letter confirms the City's representations during negotiations with respect to Article 32
of the Agreement and the forthcoming implementation of the Citizen and Law Enforcement
Analysis and Reporting System ("CLEAR") bidding system. Specifically, the parties agree that the
Department will not implement the CLEAR bidding system until Unit 156-Lieutenants has been
provided the opportunity to review the system and submit recommendations to the Department
regarding such system. The current bidding procedure will remain in effect until the obligations set
forth in this letter are satisfied and until Unit 156-Lieutenants has the technological capability to
access CLEAR remotely from its office.
This letter is subject to the grievance and arbitration procedure established in Article 9 of
this Agreement.
Very truly yours,
James C. Franczek, Jr.
AGREED.
Marvin Gittler
1073492.1
93
FRANCZEK RADELET Attorneys and Counselors
300 South Wacker Drive Suite 3400 ; Chicago, IL 60606
Phone 312.986.0300: Fax 312.986.9192 franczek.com
JAMES C. FRANCZEK, JR.
312.786,6110 jef@franczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd. 200 West Jackson Boulevard, Suite 1900
Chicago, Illinois 60606
Re: Medical Services Section Physician Referral List
Dear Mr. Gittler:
This letter confirms our agreement with respect to the list of approximately eight hundred (800) referral physicians maintained by the Department's Medical Services Section. A Lieutenant seeking a referral for an injury on duty will be allowed to select any physician on this referral list
within the specialty appropriate to the treatment of the Lieutenant's injury. The Department reserves the right both to add physicians to the referral list and remove physicians from such list. The Department agrees that physicians will not be removed from the referral list for arbitrary or
capricious reasons. The Department agrees to meet with designated representatives of Unit 156-Lieutenants on a quarterly basis for the purpose of discussing the composition of the referral list, including suggestions for the expansion of the referral list and the bases for removals from such list.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
1073492.1 94
FRANCZEK RADELET
Attorneys and Counselors 300 South Wacker Drive Suite 3400 Chicago, IL 60606
Phone. 312.986.0300 Fax 312.986.9192 franczek.com
JAMES C. FRANCZEK, JR.
312.786.6110
jcf@franczek.com
July 29, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd.
200 West Jackson Boulevard, Suite 1900
Chicago, Illinois 60606
Re: Resignations and Retirements While Under Investigation
Dear Mr. Gittler:
This letter confirms the City's representations during negotiations regarding the
credentials to be afforded to a Lieutenant who resigns or retires from the Department while the
subject of an ongoing Complaint Register investigation.
In accordance with current policy, the Superintendent has the discretion to decide whether the Lieutenant's personnel file should state that the Lieutenant resigned or retired "while under investigation" based on the totality of the circumstances surrounding the investigation, including, but
not limited to, the likelihood that the investigation will result in a sustained finding accompanied by a recommendation for a substantial disciplinary penalty, the possibility that the investigation may result in the decertification of a Lieutenant as a peace officer and/or the extent to which the
Lieutenant has cooperated in the investigation both before and after his/her separation from employment. This same standard also governs whether the Lieutenant will receive full retirement credentials or any other post-employment honorary benefits and emoluments.
In the event that Unit 156-Lieutenants or the Lieutenant disagrees with the Superintendent's
decision, either party may file a grievance pursuant to Section 9.2 of the Agreement or submit the
grievance to mediation, but the grievance shall not be subject to arbitration.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
1073492.1 95
•FRANCZEK RADELET Attorneys and Counselors
300 South Wacker Drive 1 Suite 3400 Chicago, IL 60606
Phone 312.986.0300 I Fax 312.986.9192 ' franczek.com
JAMES C. FRANCZEK, JR.
312.786.6110
jcf@franczek.com
August 20, 2009
Mr. Marvin Gittler
Asher, Gittler, Greenfield & D'Alba, Ltd.
200 West Jackson Boulevard, Suite 1900
Chicago, Illinois 60606
Re: Uniform Allowance
Dear Mr. Gittler:
This letter will confirm that the uniform allowance provisions in Section 21.3(B) are not
intended and shall not be used to replace or offset any provisions of Section 21.3(A) in whole or in
part.
Very truly yours,
James C. Franczek, Jr.
AGREED:
Marvin Gittler
O R D I N A N C E
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION I. The City Council hereby approves the attached agreement between the
City of Chicago and the Policemen's Benevolent & Protective Association of Illinois, Unit
156-Lieutenants. The Mayor is authorized to execute this agreement.
SECTION 2 This ordinance shall be in force and effect upon its passage and approval.
CC;RPORAT1ON COUNSEL